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(영문) 대전지방법원 논산지원 2014.06.10 2014고정45
대기환경보전법위반
Text

1. The defendant shall be punished by a fine of three hundred thousand won;

2. 10,000 won if the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the site director of the E-company, the contractor of Section 2-3 of the D Corporation.

A person who intends to conduct a business prescribed by Presidential Decree which generates fugitive dust shall file a report thereon with the head of Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take necessary measures.

Nevertheless, at around 10:00 on December 2, 2013, the Defendant, at the entrance of E 2-3 construction site office, located in E 2-3 construction site, the Defendant did not install and operate automatic facilities for restraining dust.

Summary of Evidence

1. Partial statement of the defendant;

1. Requests for an investigation overlapping report, requests for investigation of persons suspected of violating the Clean Air Conservation Act, reports on the results of investigation, or application of video-related Acts and subordinate statutes;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that "a person who intends to conduct a business which generates dust that emits dust (hereinafter referred to as "fugitive dust") and which is prescribed by Presidential Decree shall report it to the head of Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment. The same shall also apply to any modification thereof." Article 92(5) provides that "a person who fails to install facilities to control fugitive dust or to take necessary measures in violation of Article 43(1) shall be punished by a fine not exceeding three million won against "a person who fails to install facilities to control fugitive dust or to take necessary measures." Article 44 of the Enforcement Decree of the Clean Air Conservation Act provides that construction business concerning civil engineering works as "fugitive dust generation business" and delegates it to the Ordinance of the Ministry of Environment subject to reporting

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