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(영문) 창원지방법원 밀양지원 2019.07.02 2019고정54
대기환경보전법위반등
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the regular director of Defendant E Co., Ltd, who is engaged in manufacturing and processing business, such as cement, for the purpose of the expressway D construction work on the land outside C and five parcels, and is in charge of the above construction site.

1. Defendant A

(a) Any person who intends to conduct a business generating dust, such as manufacturing and processing products related to cement violating the Clean Air Conservation Act, shall install facilities to control dust scattering or take necessary measures;

On January 8, 2019, the Defendant: (a) around 14:00, the Defendant: (b) had vehicles transport ready-mixed in the construction site without operating automatic three-wheeled facilities normally while manufacturing ready-mixeds.

(b) No business operator who has reported on the installation of wastewater discharge facilities in violation of the Water Environment Conservation Act shall discharge water pollutants discharged from such discharge facilities without flowing them into prevention facilities;

On January 8, 2019, around 14:00, the Defendant discharged water pollutants without flowing them into prevention facilities by allowing ready-mixed vehicles, which are water pollutants, to enter the construction site without passing through prevention facilities, on the land outside C and five lots, which contain air pollutants.

2. Defendant B Co., Ltd.: (a) around 14:00 on January 8, 2019, around C et al. and five parcels; (b) on the Defendant’s business, the Defendant, the employer of the Defendant, committed the Defendant’s violation set forth in Article 1-A and (b).

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Statement of each public official;

1. A copy of a certificate of report on investigation report (Attachment of a certificate of report on scattering dust generating business);

1. Application of Acts and subordinate statutes on accusation against violators of environmental Acts and subordinate statutes;

1. Article 92 subparagraph 5 of Article 92 of the Clean Air Conservation Act, Article 43 (1) of the same Act, and subparagraph 3 of Article 76 of the Water Environment Conservation Act, and Article 38 (1) 1 of the same Act on criminal facts;

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