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(영문) 대전지방법원 천안지원 2014.02.20 2013고정1060

대기환경보전법위반

Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

B The defendant B is not guilty. The defendant B is not guilty.

Reasons

Punishment of the crime

Defendant

A is a site manager of B Co., Ltd. who manages the “E main pipeline construction site” located in Asan City. A did not take necessary measures to control the generation of dust on May 27, 2013 on the ground that the construction site, which is a place of business producing dust emitted from scattering around May 27, 2013, and the field of the construction site, which is a place of business producing dust emitted from scattering at least one day and does not cover the dust cover.

Summary of Evidence

1. The third trial date of Defendant A’s third party statement in court;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Application of accusation, on-site photographing statutes;

1. Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) of the same Act concerning the facts constituting an offense;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (the suspended sentence: fine of KRW 500,000) of the suspended sentence (the defendant B corporation);

1. The summary of the facts charged against Defendant B (hereinafter “Defendant”) did not take necessary measures to suppress dust scattering because Defendant B did not cover the Defendant’s business at the time and place specified in the above facts charged.

2. Defendant B’s assertion and judgment thereon

A. The summary of the assertion was not negligent in giving due attention and supervision to prevent the above violation of A.

B. In order for the Defendant to assume the responsibility for the above violation A to be held liable under the joint penal provisions, the following circumstances acknowledged by the testimony of the witness G and the evidence submitted by the Defendant, namely, environmental management education for the prevention of scattering dust on a regular basis against the responsible persons at each construction site.