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(영문) 전주지방법원 2019.08.09 2018고정457
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of housing construction business, etc., and the defendant A is the head of the field office at the construction site of the Seongdong-gu Seoul Metropolitan Government New Apartment Construction Site.

1. A person who intends to conduct business prescribed by Presidential Decree producing dust emitted from defendant A shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control

On April 25, 2018, at around 15:30 on April 25, 2018, the Defendant failed to take necessary measures to control the fugitive dust by having three truck vehicles entering the construction site, which enter the construction site, operate without giving three wheelss and two sides sprinks.

2. The Defendant B, at the time and place specified in paragraph (1), committed the same offense as that set forth in paragraph (1) against the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's legal statement

1. A certificate;

1. A report on any repair work report for a business generating scattering dust, a report on the business generating scattering dust, a report on the detection details and a report on the joint control results of places of business generating scattering dust;

1. Application of certified transcript of corporate register or copy of business registration certificate;

1. Article applicable to criminal facts;

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

(b) Defendant B: Articles 95 and 92 subparag. 5 of the Clean Air Conservation Act and the former part of Article 43(1) of the Clean Air Conservation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on Defendant B’s assertion under Article 334(1) of the Criminal Procedure Act

1. In order to prevent the violation of this case, the defendant's assertion shall be reasonable in relation to the relevant duties.

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