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(영문) 인천지방법원 2018.08.17 2018고정1603
대기환경보전법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a company B, and B is a corporation (Gu) C soil contamination purification service ( Incheon on-site office: Jung-gu Incheon, Jung-gu, and E).

1. When Defendant A actually supervised and manages the foregoing business, Defendant A: (a) took necessary measures to install facilities to control fugitive dust, such as automatic sponsing facilities, installation of facilities to control sponsing dust, and transportation vehicles, while transporting vehicles; (b) however, at the time of the inspection on around 14:50 on January 17, 2018, Defendant A posted approximately 1,000 square meters of contaminated soil to the transport vehicles without taking three wheeleds and sponsings; (c) on March 7, 2018, at the time of inspection on the detection, Defendant A voluntarily removed automatic sponsing facilities and mobile sponsing facilities installed at the construction site at the time of inspection on March 11:48, 2018; and (d) carried 3,920 square meters of soil and sand into the transport vehicles without taking three sponss and sponsings.

2. Defendant B Co., Ltd. committed the above illegal act in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made by the police with regard to F;

1. Each report on detection, a statement of business trip, a mark of inspection of places of business producing fugitive dust, a certificate of each violation, a report on business generating fugitive dust, and a report on each field photo;

1. Submission of opinions;

1. A criminal investigation report (in addition to a letter of business trip name);

1. Article 92 subparag. 5, Article 94 subparag. 6, Article 44 subparag. 5, and Article 44 subparag. 6 of the Enforcement Decree of the same Act, Article 58 subparag. 4, and attached Table 14 of the Enforcement Rule of the same Act, comprehensively taking into account the details, form, and purport of education materials, etc. on safety and environmental management [1......, whether the construction contractor is subject to an administrative fine; and Article 94 subparag. 5, and 6 of the Air Environment Conservation Act; and Article 58 subparag

3. The transport column is defined in the transport column.

(a)be equipped with all the facilities of paragraphs (a) through (j) and, in the case of cement, coal, earth and sand, fodder, grain, and scrap metal shipping business operators, Ga, b, f, g;

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