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(영문) 수원지방법원 안산지원 2018.05.15 2017고정678

대기환경보전법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

A shall be KRW 100,000 if a fine is not paid.

Reasons

Punishment of the crime

1. Defendant A is a construction company site manager where the construction name of the construction company is performing building construction works E under the trade name of “B” in B B block in the Gyeonggi City.

A person who intends to conduct business producing fugitive dust, which is prescribed by Presidential Decree, shall file a report thereon with the competent authority and install facilities to control fugitive dust or take necessary measures.

Nevertheless, while implementing a construction project for constructing a building with a total floor area of 127,041,47 square meters which generates scattering dust in the above site, the defendant must install a dustproof wall at least 1.8 meters in height or at least 3 meters in the boundary of the construction site for construction of buildings and soil and landscape architecture in the above construction site, or at least 1.8 meters in height, or within 50 meters in the boundary of the construction site for residential and commercial buildings, and at least 3 meters in the case of the site where there are residential and commercial buildings within the boundary of the building site. Despite the fact that the three-wheeled facilities using automatic three-wheeled facilities or water tanks should be installed from April 11, 2017.

4. Until March 13, 198, a 6.0m high of a dustproof wall, which is an installation to suppress the generation of fugitive dust reported to the competent authority, was not installed. Moreover, a 500m high of another dustproof wall (temporary fences) was not installed at a 585m high of 2.4m high of 2.4m and 50m high of 585m, and an automatic three-wheeled facility was not installed.

2. Defendant B is a corporation with a purpose of construction business.

A, a defendant's site warden, committed the above-mentioned violations in relation to the defendant's duties at the above time and place.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. To state part of the witness F in the second public trial record;

1. The statement of a witness G in the third public trial protocol;

1. A certificate, on-site photographs related to the violation of the detection establishment, a business registration certificate, and relevant data (the defense counsel shall attach to another construction site the section in which the dustproof wall, etc. is not installed;