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(영문) 창원지방법원 진주지원 2017.09.14 2017고정179
대기환경보전법위반
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Defendants shall be punished by a fine of KRW 700,000.

Defendant

A Where a fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the head of the construction team who supervises the construction site of B corporation.

A person who intends to conduct a business which generates dust emitted from scattering (hereinafter referred to as "fugitive dust") and which is prescribed by Presidential Decree shall install facilities to control fugitive dust or take necessary measures under the conditions as prescribed by Ordinance of the Ministry of Environment.

1. Nevertheless, Defendant A, at around 10:30 on January 9, 2017, failed to install a sprinkling facility to control fugitive dust when transporting soil and sand at the site of civil engineering works near the entrance of the E-Gun, Hanam-dong, Hanam-gun, Seoul, the site of D works, thereby generating flying dust.

2. Defendant B, in relation to the Defendant’s work at the date, time, and place mentioned in the preceding paragraph, committed an act of causing fugitive dust by Defendant A’s failure to install a sprinkling facility like the preceding paragraph.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of the defendant A;

1. A written statement;

1. A written confirmation of violation and on-site photographs;

1. A certificate for reporting, such as the current status of construction works, projects generating scattering dust;

1. Attachment of relevant Acts and subordinate statutes;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Defendant A of the relevant Act on the atmospheric environment: Article 92 subparagraph 5 of the Conservation of the atmospheric environment Act and the former part of Article 43 (1) of the Conservation of the Air Environment Act: Article 95 and Article 92 subparagraph 5 of the same Act and the former part of Article 43 (1) of the same Act on the conservation of the atmospheric environment;

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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