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(영문) 창원지방법원 2016.11.23 2016고정886
대기환경보전법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A The vice president and Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) in Kim Sea-si are corporations established for the purpose of manufacturing concrete products.

1. A person who intends to conduct business which generates dust emitted from defendant A and which is prescribed by Presidential Decree shall operate vehicles for transport with three wheels and side water to control the generation of scattering dust;

Nevertheless, from around 09:00 on May 26, 2016 to around 11:00 on the same day, the Defendant failed to take necessary measures to suppress the fugitive dust by operating a transport vehicle, such as D ready-mixed vehicles, which is a transport vehicle, on 21 occasions at the same place of business, and not taking any necessary measures to control the fugitive dust in a manner that does not carry the spac

2. Defendant A, an employee of Defendant Company, committed a violation as prescribed in paragraph (1) in relation to the Defendant Company’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of a public official's statement, on-site-related statutes;

1. Article applicable to criminal facts;

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

(b) Defendant Company: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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