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(영문) 창원지방법원 2013.04.30 2013고정104
대기환경보전법위반
Text

1. Defendant A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1 million.

2. Defendant A.

Reasons

Punishment of the crime

Defendant

A Construction Work Company A is a practical manager of Defendant B, and Defendant B is a corporation established for the purpose of general building work and civil engineering work.

1. A person who intends to operate a business producing fugitive dust A shall report it to the competent authority and install facilities to control fugitive dust or take necessary measures;

Nevertheless, the defendant reported to the competent authority on the scattering dust generation business, and from the end of January 2012, the same year.

3. Until December 28, 200, Kimhae-si and two parcels of land were newly constructed, and the transport process using transport vehicles with earth and sand was not carried out necessary measures to control fugitive dust, such as failing to install a wheeler facility to control fugitive dust, etc.

2. Defendant A, an employee of Defendant B, committed a violation as set forth in the preceding paragraph with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Application of Acts and subordinate statutes to certificates of violation and photographs on site;

1. Defendant A: Article 92 subparagraph 5 of the Clean Air Conservation Act, Article 43 (1) of the Clean Air Conservation Act, and Article 95, Article 92 subparagraph 5 of the Clean Air Conservation Act, and Article 43 (1) of the Clean Air Conservation Act;

2. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act.

3. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above.

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