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(영문) 의정부지방법원 2014.11.18 2014고정2388

대기환경보전법위반

Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. No person may conduct the business producing fugitive dust without installing facilities to control fugitive dust or taking necessary measures;

Nevertheless, around May 7, 2014, the Defendant, who was in Yangju-si, manufactured the stone and so on at the “stock company B” place of business, where the representative director is located, and did not install a dust-proof cover, which is a facility to control fugitive dust, at the open space where earth and sand, etc. are he stored. The Defendant did not operate a water-proof dial facility, which is a facility to control fugitive dust, installed at the entrance of the said place of business.

Accordingly, the defendant did not install facilities to control fugitive dust or take necessary measures.

2. Defendant B, at the time and place specified in paragraph (1), the Defendant, a representative director of the Defendant, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. The suspect interrogation protocol of the defendant A by the police;

1. A written confirmation of violation;

1. Copy of certificate of report, such as certified transcript of corporate register, copy of business registration certificate, scattering dust generating business;

1. Application of statutes on site photographs;

1. Defendant A of the pertinent law on criminal facts: Article 92 subparagraph 5 of the Clean Air Conservation Act, Article 43 (1) of the Clean Air Conservation Act; 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 (1) and 69 (2) of the Criminal Act;

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