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(영문) 광주지방법원 순천지원 2013.11.13 2013고정715
대기환경보전법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is a person who exercises overall control over the work site of a company B, a contracting company for a housing site development project, which is a contractor for a construction project for E housing site development project that is undertaken at D in netcheon City

A person who intends to operate a construction waste disposal business as a business producing dust directly discharged into the air without a specific outlet (hereinafter referred to as "fugitive dust") shall install facilities to control fugitive dust or take necessary measures.

Nevertheless, on April 3, 2013, the Defendant operated a mobile crushing facility to recycle waste asphalt containers and waste cement at the construction site and did not take measures such as treating water to prevent scattering dust, and did not take measures such as treating water to prevent flying dust, and did not install facilities or take necessary measures to control flying dust because it did not cover the dust-proof cover while storing the powder-form materials generated after crushing.

2. Defendant B, who is an employee of the Defendant, committed a violation as referred to in paragraph (1) above in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A written statement;

1. Application of statutes on site photographs;

1. Article 92 subparagraph 5 of Article 92 and Article 43 (1) of the Clean Air Conservation Act, and Article 95 and Article 92 subparagraph 5 of the Clean Air Conservation Act, and Article 43 (1) of the Clean Air Conservation Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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