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(영문) 울산지방법원 2016.11.10 2016고정996
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a field agent of the E-Newly constructed apartment construction work, which is undertaken in Yangsan-si D, as an employee of the corporation B that runs a construction business in Jeonyang-gun C.

Any person who intends to conduct a business which generates dust emitted from scattering under Article 43 (1) of the Clean Air Conservation Act and which is prescribed by Presidential Decree shall take necessary measures to control fugitive dust under conditions prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant did not take necessary measures to control dust dust by allowing a transport vehicle with three wheels to enter a temporary entrance and exit from March 12, 2016 to April 18, 2016, where automatic food service facilities have not been installed, while carrying out construction works at the new site.

2. Defendant B, at the time and place specified in the preceding paragraph, committed the Defendant’s act in violation of the preceding paragraph as to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Certificates of violation and photographs at the scene of violation;

1. Application of Acts and subordinate statutes to a copy of business registration certificate and all registered matters;

1. Article applicable to criminal facts;

(a) Defendant A: Article 92 subparag. 5 of the Clean Air Conservation Act and the former part of Article 43(1) of the Clean Air Conservation Act;

(b) Defendant B: Articles 95 and 92 subparag. 5 of the Clean Air Conservation Act and the former part of Article 43(1) of the Clean Air Conservation Act;

1. Defendant A at 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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