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(영문) 울산지방법원 2013.11.22 2013고정965

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

Defendant

A as the site director of the company B, is a person who is a field manager of the “the construction work of building a bicycle lane between temperaturesan and Seolim,” formed in the section of approximately 8.5 km of the same west-gun, Ulsan-si, Ulsan-si, Ulsan-si, and Defendant B is a corporation established for the main purpose of packing construction business, etc.

1. A person who intends to conduct a business producing scattering dust shall report to the Mayor/Do Governor, and install facilities to control scattering dust or take necessary measures;

Nevertheless, from March 4, 2013 to 14:22 of the same month, the Defendant did not take necessary measures to suppress scattering dust, such as construction work at the site (a 30m x 20m in length) of the construction site of the “Ondolsan-Sear bicycle track construction work” (a 30m x 20m x in length) in the vicinity of the Seogsan-gun, Ulsan-gun, Ulsan-gun, which was located under the direction of the west-gun, and the mast ( sand) and yellow soil used in the road packing, after mixing it at the same site, while carrying them into the chill vehicle and transporting it at a site of approximately 10m away from 100 meters in width, while carrying out the road packing work. The Defendant did not cover the chill materials with a dust-proof cover, work without installing a dust-proof wall and a dust-proof network.

2. Defendant B, as his employee, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Scenic photographs of the site;

1. Application of Acts and subordinate statutes to projects generating scattering dust, and specific construction works, reports and acceptance of reports (C);

1. Defendant A: Article 92 subparagraph 5 of the Clean Air Conservation Act, Article 43 (1) of the Clean Air Conservation Act, and Article 95, Article 92 subparagraph 5 of the Clean Air Conservation Act, and Article 43 (1) of the Clean Air Conservation Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;