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(영문) 대전지방법원 2015.04.16 2015고정268
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

1. The defendant A, as representative director of corporation B, who runs the business of storing and selling aggregate which generates scattering dust, shall install facilities to control fugitive dust or take necessary measures.

However, at around 16:00 on October 16, 2014, the Defendant did not install a dust cover for approximately 3,000 square meters of aggregate, which is a field substance, at the place of business located in Daejeon Jung-gu, Daejeon.

Accordingly, the defendant did not install facilities to control fugitive dust.

2. Defendant B was a juristic person established for the purpose of preserving and selling aggregate, and around 16:00 on October 16, 2014, Defendant A, the representative director of the Defendant, was not installed in Daejeon-gu Daejeon-gu, Daejeon-gu in order to control fugitive dust, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

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: the main sentence of Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) of the same Act;

(b) Defendant B: Article 95, the main sentence of Article 92 subparag. 5, and 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: The amount of fine for the summary order is appropriate in full view of the following factors: (a) the amount of aggregate with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the period of camping out; (c) the period after detection; and (d) the criminal records of

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