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(영문) 의정부지방법원 2015.11.05 2015고정1576
대기환경보전법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to conduct a business producing scattering dust, shall report it to the competent authority and install facilities to control scattering dust or take necessary measures;

Nevertheless, on January 23, 2015, the Defendant did not take necessary measures to control fugitive dust, by failing to operate an automatic sponsor, which is a facility to suppress fugitive dust generation, installed at the site development work site located in Gyeonggi-gun, Gyeonggi-do, without justifiable grounds, at the site of a site development work located in the area of a building site equivalent to 3,304 square meters.

2. Although the Defendant failed to comply with the improvement order, on January 27, 2015, issued by the head of Pyeongtaek-si to February 3, 2015, to order the improvement order stating that he/she shall operate the wheels facilities and maintain the cleanliness of access roads, the Defendant did not comply with such order until February 3, 2015.

Accordingly, the defendant did not comply with the order for the improvement of Pyeongtaek Gun to control the production of scattering dust.

Summary of Evidence

1. A fact-finding survey report and a statement of business trip name;

1. A certificate of prior report, such as a business generating scattering dust;

1. We deny the charges of the improvement order [the defendant was unable to operate a wheels facility due to the wave, and instead, cleaning the paths of the water lane and washing the wheels of the construction vehicle with high-tension sprinkers, thereby properly implementing the measures for scattering dust generation. However, according to Article 43(1) of the Clean Air Conservation Act and Article 58 of the Enforcement Rule of the same Act, when the facilities for restraining dust generation and the measures for the measures to be taken are the reported matters and the modification is to be made, the report should be made. In particular, in the case of the transport process, one of the wheels facilities using automatic spact facilities or water tanks must be installed (Article 58(4) and attached Table 14 of the Enforcement Rule of the Clean Air Conservation Act, and the defendant did not report the modification while not operating the automatic pact facilities reported as the control facilities, and used them as instead of the automatic pact facilities.

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