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(영문) 대구지방법원 2016.11.04 2016고정169
소음ㆍ진동관리법위반
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

In light of the above legal principles, it is reasonable to view that the defendant was limited to the defendant.

4) Therefore, even if Hyundai Construction Co., Ltd. incurred 69dB (A)’s living noise again at the construction site around 08:47 on September 22, 2015, in excess of the standard of living noise regulation, the Defendant cannot be deemed to have violated the order of measures issued by the Daegu head of Si/Gun/Gu on September 4, 2015, and the evidence submitted by the prosecutor alone is insufficient to acknowledge this part of the facts charged, and there is no other evidence to prove otherwise. 5) Accordingly, this part of the facts charged constitutes a case where there is no evidence of crime.

B. According to the records of this case, ① the head of Daegu Suwon Construction Co., Ltd. ordered the installation of soundproof facilities, etc. as seen earlier on September 4, 2015 (No. 99 of the record, ② Hyundai Construction Co., Ltd. on September 4, 2015, with respect to the order on September 4, 2015, “1. In addition to the AIR soundproofing walls installed 10M*72;

2.Installations of portable soundproofing walls (4M*4M 2);

3. The replacement, etc. was carried out from T4 of the astronomical Air to T-Nerodo.

The facts that submitted a performance report to this purpose (No. 101 pages of the record), 3. The head of the Daegu Water Quality and Flood Control Office, on September 11, 2015, notified the purport that the noise-generating area and the residents in the civil petition area demand that the upper soundproof level of the noise-generating area be sound and the maximum height of the soundproof facilities be enhanced, and that the residents in the civil petition area raise the height of the soundproof facilities by October 15, 2015 to minimize the noise damage of the residents in the high floor (No. 107 pages of the record); 4. The Hyundai Construction Co., Ltd. around October 5, 2015, as to the improvement order on September 11, 2015, "1."

2. Installation of moving soundproofing walls (reduction of noise around the presses);

3. The person complied with the location of a shower, etc. for moving the civil petition building.

“The implementation report” means the implementation report.

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