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(영문) 수원지방법원 2015.11.05 2015고정2472
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

Defendant

A is the representative director of the corporation B in ethic City C, who exercises overall control over the above business affairs, and the defendant B is a corporation established for the purpose of the business of crushing aggregate.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust emitted from defendant A shall file a report thereon with the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take special measures;

Nevertheless, between July 7, 2015 and the 10th day of the same month, Defendant A did not install mobile dust-generating facilities or powder-free dust-generating facilities to remove scattering dust caused by camping substances within the business site of the above B operated by Defendant B, and generated dust-free dust without installing electric connections and water tanks.

2. Defendant B, as described in the preceding paragraph, Defendant B Co., Ltd. committed a violation against Defendant B’s representative director regarding the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify the results of violations of Clean Air Conservation Act;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

(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 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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