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(영문) 창원지방법원 진주지원 2017.04.27 2016고정473
대기환경보전법위반
Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A As the staff of Defendant B, is a field manager at the construction site performed by the above company, and Defendant B is a corporation established for the purpose of civil engineering construction work business.

A person who intends to conduct a business prescribed by Presidential Decree which generates dust directly into the air without a specified outlet (hereinafter referred to as "dust dust") shall install facilities to control fugitive dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless,

1. Defendant A, from around 09:00 on August 5, 2016 to around 09:30 on the same day, caused fugitive dust by failing to install a spare facility at a point of 5.8 km in the E section E located in Hanam-gun, Hanam-gun, Seoul, for the prevention of flying dust generated from soil and sand transport operations at an installation site, thereby generating flying dust.

2. Defendant B Co., Ltd. committed the act of violation as referred to in the preceding paragraph in relation to the Defendant’s business at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Public notices on accusation of the violator of the atmospheric environment conservation Act;

1. A written accusation, a public official statement, a photograph ledger, a written confirmation, a certificate of violation, or a certificate of reporting on dust generating projects, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (related to an obligation to install three-wheeled facilities of a transport vehicle);

1. Defendant A of the relevant Act on criminal facts: Article 92 subparag. 5 of the Conservation of the atmospheric environment Act and Article 43(1) of the same Act: Articles 95, 92 subparag. 5, and 43(1) of the Air Quality Conservation Act;

1. Sentence Defendants: Fines of 500,000 won each;

1. Defendant A detained in a workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act (Confession of a crime, reflectivity, minor degree of illegality, and completion of corrective measures);

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