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(영문) 대전지방법원 논산지원 2018.06.26 2018고정72

대기환경보전법위반

Text

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

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

1. A person who intends to operate a business generating fugitive dust shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, on November 18, 2017, the Defendant did not carry out a three-wheeled seal on the transportation vehicle of ready-mixed, which is necessary measures to suppress fugitive dust, at the place of business A, a company operating the Defendant, which is located in the Military Service C around around November 18, 201.

2. The defendant A is a corporation that carries on ready-mixed, asphalt, manufacture and sale of aggregate, and the representative director B.

B, the representative director of the defendant, committed the act of violation as described in Paragraph 1 in relation to the defendant's business at the date and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of a report on the occurrence of a violation and a report on the guidance of emission facilities;

1. A copy of a certificate of reporting on flying dust generation projects;

1. On-site photographs;

1. Investigative Report (Report on Results of On-the-spot Confirmation) (Defendant A asserts that Defendant A is a corporation currently extinguished.

However, the above defendant in the certified copy of the corporate registry is recognized that he/she continues to exist in the corporation due to the rehabilitation procedure.

The above argument is without merit.

Application of Statutes

1. A stock company with the choice of the relevant legal provisions and punishment on the facts constituting an offense: Article 95 and subparagraph 5 of Article 92 of the atmospheric environment Conservation Act; Article 92 subparagraph 5 of the same Act and Article 43 (1) of the same Act;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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