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(영문) 의정부지방법원 2016.11.14 2016고정1792
대기환경보전법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a limited company B representative director, and the defendant limited company B is a corporation established for the purpose of construction waste disposal business.

1. Any person who intends to conduct the business producing the scattering dust of Defendant A, shall install facilities to control the scattering dust or take necessary measures;

Around 14:30 on April 29, 2016, the Defendant appears to be “5,900 square meters” rather than “5,900 square meters” on the evidence of 4,900 square meters in Seocheon-si, Seocheon-si, and even after ex officio correction, it does not interfere with the Defendant’s exercise of the right to defense. Thus, the Defendant, at the place of business of a limited-liability company B, did not take necessary measures to control scattering dust, such as failing to install a fixed-type sprinkler facility, which is a facility to control scattering dust, and failing to use a sprink facility installed.

2. A, the representative director of the Defendant B, was engaged in operations without taking necessary measures to control dust scattering as above with respect to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. A complaint, guidance for and inspection of places of business producing scattering dust;

1. Application of statutes on site photographs;

1. Defendant A of the relevant criminal facts: Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) Section B of the same Act: Article 95, Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) of the same Act;

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

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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