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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the site site of the removal work for the 10 pieces, which are entrusted by the corporation B for the purpose of dismantling the sculptures, etc.

If the living noise and vibration exceeds the control standards, the head of a Si/Gun/Gu may order a person who generates noise and vibration to take necessary measures, such as the adjustment of working hours, the dispersion and suspension of noise and vibration generation activities, the installation of soundproof and dust-proof facilities, the use of construction machinery which produce less noise prescribed by Ordinance of the Ministry of Environment, and the person who has received an order, such as the adjustment of working hours, shall comply with such order.

On September 13, 2017, from around 13:13 to 13:37, the Defendant was ordered to take administrative dispositions, such as the adjustment of working hours, the distribution of noise and vibration generation activities, the installation of soundproof-proof facilities, and the use of low noise construction machinery, in excess of the noise control standard at the site of the removal construction.

On September 12, 2017, the Defendant violated the administrative disposition order by generating noise from 72.3dB exceeding 65dB of the living noise control standard (residential area) while carrying out construction without using noise and vibration generation, installation of soundproof and dust-proof facilities, and low-noiseing construction machinery at the site of the removal work at the above site.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. A report on projects generating scattering dust, etc.;

1. A prior report on specific works;

1. Evaluation table of data on the measurement of living noise;

1. The order for administrative disposition;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses);

1. Article 58 subparag. 4 of the Noise and Vibration Control Act and Articles 23 subparag. 1 and 23 subparag. 4 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;