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(영문) 인천지방법원 2017.11.17 2017고정2212
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who is responsible for and manages the site of B factory site, which is a fugitive dust generation project site located in Jung-gu Incheon Metropolitan City, and Defendant B is a corporation that produces and manufactures asphalt.

1. A person who intends to conduct business prescribed by Presidential Decree that generates fugitive dust shall file a report thereon with the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, and the head of a Gun/Gu, and install facilities to control fugitive dust or take necessary measures

Nevertheless, the Defendant, from May 15, 2017 to June 16:00, 2017, temporarily filled in a temporary open site located within B factory site with approximately KRW 500 cubic meters of stone in the temporary open site, and generated fugitive dust by failing to install a stack cover for suppressing the generation of fugitive dust.

2. Defendant B, the head of the factory, committed an act identical to that described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. The defendants' legal statement (as at the third public trial date);

1. A certificate for reporting, such as a project generating scattering dust;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 92 Subparag. 5 of the Air Quality Conservation Act, Article 43 Subparag. 1 of the same Act, and selection of fines

(b) Defendant B: Article 95, Article 92 subparag. 5, and Article 43 subparag. 1 of the Air Quality Conservation Act

1. Defendant A to be 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

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