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.