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(영문) 창원지방법원 진주지원 2014.01.23 2013고정822
대기환경보전법위반
Text

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

Defendant

A fails to pay the above fine; 60.

Reasons

Punishment of the crime

Defendant

A is the site director of the construction site laid down as the water supply pipe for D industrial purposes, which is executed by Gyeongdong-gun C as the employees of the corporation B, and the defendant corporation B is the corporation performing the above construction.

A person who intends to conduct a business which generates dust directly into the air without a specific outlet (hereinafter referred to as "dust dust") and which is prescribed by Presidential Decree, shall install facilities to control dust scattering or take necessary measures, as prescribed by Ordinance of the Ministry of Environment.

1. At around 15:00 on August 9, 2013, Defendant A caused scattering dust by failing to operate a sprinking vehicle in the construction site laid down as a water pipe for industrial use of the foregoing D.

2. Defendant B violated the preceding paragraph in relation to the Defendant’s business at the date, time, and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Notice of a subcontract agreement of construction works;

1. Reports certificate on business generating scattering dust, etc.;

1. Application of the Acts and subordinate statutes on the photograph ledger;

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

(a) Defendant A: Subparagraph 5 of Article 92 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. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

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

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