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(영문) 수원지방법원 2014.07.16 2013고정3352
대기환경보전법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is an employee of B Co., Ltd, and Defendant B Co., Ltd., a corporation established for the purpose of civil engineering and construction work.

Anyone who intends to conduct a business prescribed by Presidential Decree which generates dust emitted shall file a report with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control dust or take necessary measures

1. A around July 9, 2013, Defendant A, while carrying out civil engineering works for the chronological D construction works at E, Defendant A operated without taking any measure, while performing the three wheels and aspects of the three-wheeled flag installation and transport vehicle.

2. Defendant B Co., Ltd. had the above Defendant A, a field manager of the above Defendant, work without installing and taking necessary measures to control scattering dust at the above time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Application of Acts and subordinate statutes to a written confirmation of violation, the current status of facilities generating scattering dust, field photographs, reports on business generating scattering dust, environmental impact assessment reports, official text (integrated copies), and notification of reports on business generating scattering dust;

1. Defendant A of the relevant law concerning criminal facts: Article 92 subparagraph 5 of the Clean Air Conservation Act, Article 43 (1) of the Clean Air Conservation Act: Article 95, Article 92 subparagraph 5 of the Clean Air Conservation Act, and Article 43 (1) of the Clean Air Conservation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants are subject to a suspended sentence: (a) there are reasonable grounds for considering the circumstances leading to the instant case, such as where the construction site of the instant case is not included in the place where the facilities of the detailed wheeler are to be installed, and (b) some measures were taken to prevent the fugitive dust by installing a sprink, in light of the respective fines of 700,000 won under each of Article 59(1) of the Criminal Code, the exchange inducement of Defendant A, and the environmental impact assessment report and the design drawings of the instant construction.

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