Text
Defendants shall be punished by a fine of one million won.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
1. Defendant A is the representative of the Co., Ltd. B, who is performing the construction work of creating retail store site at Asan City Co., Ltd.
Any person who intends to operate a business producing scattering dust shall install facilities to control fugitive dust or take necessary measures.
Nevertheless, the Defendant: (a) obtained a report on the business of generating dust from a construction work (a total site area of 9,90 square meters, a total floor area of 980 square meters) in the ASEAN-si; and (b) performed a construction work generating dust from March 12, 2019; (c) however, on March 12, 2019, the Defendant did not install a facility for some dust-proof walls and did not operate a wheeled facilities.
2. Defendant B, who is an employee of the Defendant, committed an act identical to the above facts in relation to the Defendant’s business at the above date, time and place.
Summary of Evidence
1. Defendants’ legal statement
1. Application of Acts and subordinate statutes of a report certificate on detection, confirmation, scattering dust-generating business, etc.;
1. Article applicable to criminal facts;
(a) Defendant A: Article 92 Subparag. 5 and Article 43(1) of the Clean Air Conservation Act;
(b) Defendant B: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air 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: The Defendants of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize crimes, and Defendant A is only once a minor fine is imposed, but does not have the same criminal records.
However, in order to manage and preserve the atmospheric environment in a proper and sustainable manner, the defendants continued construction without taking necessary measures, and there is no reason for the failure to operate the facility.
In addition, Defendant A's age, character and behavior, the environment, the circumstances of the Defendants' crimes, and the circumstances after the crime.