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(영문) 대전지방법원 논산지원 2016.09.06 2016고정35
대기환경보전법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

A person who intends to conduct a business generating dust emitted shall file a report with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and install facilities to control dust dust or take necessary measures

Nevertheless, D, the Defendant’s on-site manager, from October 30, 2015 to December 20 of the same year, did not install a four-wheeled facility, which is a measure to restrain dust scattering with respect to the construction vehicles entering the said construction site, while performing construction of Boan Dam in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, a party to the construction site from around October 30, 201 to December

As such, the Defendant, who is an employee, committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Examination protocol of police suspect regarding D;

1. Each police statement concerning G;

1. A report on a business generating scattering dust;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of a list of guidance and inspection);

1. Article 95, subparagraph 5 of Article 92, and Article 43 (1) of the Clean Air Conservation Act concerning the facts constituting an offense;

1. The defendant and his defense counsel asserted that they did not neglect due care and supervision over the pertinent business in order to prevent violations of the Clean Air Conservation Act.

However, on October 30, 2015, the following facts acknowledged by this court, namely, when the defendant reported the scattering dust generation business, etc. to the head of the Gun granted the defendant on October 30, 2015, stated "the installation of one automatic three-wheeled facility to major access, the vehicle for transportation, after the automatic three-wheeled flag," and on November 19, 2015, 2000 after the commencement of the construction, the defendant company's domestic HSE team (Environmental Health Team) teamF visited the construction site of this case.

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