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(영문) 대전지방법원 2013.12.12 2013고정1965
대기환경보전법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the field agent and the field director of the Urban Residential Housing Construction Corporation in Daejeon Dong-gu.

Defendant

A corporation B is a corporation established for the purpose of construction business, building work business, civil engineering work business, housing work business, etc.

1. A person who intends to conduct a business which generates dust directly into the air without passing through a specific outlet of Defendant A shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, on April 9, 2013, the Defendant did not install mobile high-tension sprinklers to control fugitive dust while carrying out construction work at the construction site.

2. The Defendant B, at the same time and place as the preceding paragraph, committed the Defendant’s employees A in violation of the foregoing in relation to the Defendant’s work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. A protocol concerning the police investigation of the defendant A;

1. A certificate;

1. A written statement;

1. Copy of report certificate on the scattering dust generating business, etc.;

1. Application of Acts and subordinate statutes on photographed land;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

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

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

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

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