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(영문) 대전지방법원 공주지원 2014.05.13 2014고정6
대기환경보전법위반
Text

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

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is the representative of Co., Ltd. in Chungcheong C.

A person who intends to conduct a business prescribed by Presidential Decree which generates dusts under Article 43 (1) of the Clean Air Conservation Act shall file a report with the head of a Si/Gun, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take necessary measures.

Nevertheless, from June 15, 2013 to June 15, 2013, Defendant A did not install facilities to control fugitive dust or take necessary measures, such as having a transport vehicle operate without installing a water tank facility.

2. Defendant B Co., Ltd. is a corporation established for the purpose of construction business.

Defendant

B A, the representative of the defendant, at the same time and place as the above Paragraph 1, committed the above-mentioned violation in relation to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol prepared by a special judicial police officer against Defendant A;

1. A copy of the statement of opinion presented by the Bank of Korea (including related photographs);

1. Application of Acts and subordinate statutes to a copy of a report (including a copy of a certificate of report, such as a scattering dust generation project) in accordance with an application for change of the standards for scattering dust facility, and a copy of a report (including a field photograph) in accordance with the actual status of administrative disposition conducted;

1. Article applicable to criminal facts;

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

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

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of each of the provisional payment orders is that Defendant A does not install a water-driven wheels facility to control fugitive dust at the construction site of Defendant B, a stock company.

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