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(영문) 대구지방법원 김천지원 2013.11.27 2013고정459

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and the defendant B is a corporation established for the purpose of cement secondary product manufacturing business.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust emitted from defendant A shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control dust dust or take necessary measures;

Nevertheless, the Defendant, around 14:50 on March 28, 2013, engaged in the operation that generates dust from fugitive emissions, such as producing concrete products, at a factory B located in Kimcheon-si, Kimcheon-si, but did not install facilities that control fugitive dusts, such as spathing facilities, dustproofs, and dust-proof nets.

2. The Defendant Company B, at the time and place specified in Paragraph 1, committed an act in violation of Paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the D public official;

1. E-certification;

1. The application of Acts and subordinate statutes to each investigation report (to attach photographs to facilities suppressing scattering dust, to attach photographs, business registration certificates, and copies of all certificates registered);

1. Article applicable to criminal facts;

A. Article 92 Subparag. 5 and Article 43(1) of the Clean Air Conservation Act of Defendant A

B. Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act of Defendant B

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;