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(영문) 광주지방법원 2016.05.19 2016고정601
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

Defendant

A is a person in charge of the D site at the time of stay as the head of the defendant B, and the defendant B is a corporation established for the purpose of electrical construction business.

1. Defendant A

A. A person who intends to operate a business generating dust (construction business with a size of at least 1,00 square meters) that discharges scattering of a report on a business failure, without reporting to the competent authority, the Defendant, without reporting to the competent authority. However, the Defendant, from the beginning of November 2015 to December 16 of the same year, was engaged in the flating work with a size of at least 6,862 square meters at D located in C at a site located in C, from November 2015 to December 16 of the same year

B. A person intending to operate a business generating dust (construction business with an area of not less than 1,00§³) that discharges fugitive dust from an installation of a facility for preventing fugitive dust or take necessary measures, despite that he/she must install a facility for suppressing fugitive dust (such as a spathing, spathing facility, etc.), the Defendant was engaged in the spathization work with the construction area of not less than 6,862 square meters without installing all facilities for preventing fugitive dust at the time and place indicated in the above 1-A (a).

2. Defendant B Co., Ltd. committed the above violation at the date and place specified in the above paragraph 1, and at the site manager A in charge of the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes to the accusation and confirmation;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 92 Subparag. 4-2, 5, and 43(1) of the Air Quality Conservation Act; Selection of fines

(b) Defendant B: Articles 95, 92 subparag. 4-2 and 5, and 43 subparag. 1 of the Air Quality Conservation Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (Crimes by Defendants)

1. Article 70(1) and Article 69(2) (Defendant A) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (the Defendants) of the Provisional Payment Order

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