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(영문) 창원지방법원 마산지원 2018.06.05 2018고정77
대기환경보전법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000 and by a fine of KRW 1,500,000, respectively.

Defendant

A.

Reasons

Criminal facts

Defendant

B A Co., Ltd. is a corporation established for the purpose of selling aggregate in Haan-gun, Chungcheongnam-gun, and the defendant A is the actual operator of the above B Co., Ltd.

1. A person who intends to conduct business prescribed by Presidential Decree which generates fugitive dust of 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 necessary measures;

Nevertheless, on January 22, 2018, the Defendant operated a aggregate store of the above B Company with no three wheels and side while operating a transportation vehicle, and did not cover the open aggregate while keeping the open aggregate, and did not install a facility for preventing fugitive dust or take necessary measures. However, the Defendant did not perform this even though it was necessary to install a facility for preventing fugitive dust or to take necessary measures.

2. Defendant B’s actual operator of Defendant B Co., Ltd. committed an act of violation as described in paragraph 1 in relation to the Defendant’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Written accusation of the number of warships;

1. Application of all public officials' statements, on-site confirmation photographs, certificates (B) of one registered matter, to Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Subparagraph 5 of Article 92 of the Air Quality Conservation Act and Article 43 (1) of the same Act;

(b) Defendant B: Articles 95, 92 subparag. 5, and 43 subparag. 1 of the Air Quality Conservation Act

1. Defendant A who is detained in 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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