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(영문) 수원지방법원 2013.07.04 2013고정979
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A As an employee of B corporation, the head of the construction site of the newly built neighborhood living facilities in the construction site G in the landing population G, and the defendant B corporation is a corporation established for the purpose of civil engineering, construction work, etc.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust directly into the air without a specific outlet 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 December 20, 2012, the Defendant contaminated the surrounding environment by allowing a construction company to enter a construction vehicle without installing a wheeled facility and treating it, which is a facility to suppress scattering dust, at the construction site of the new construction site of the Mag-si G Neighborhood living facilities in the Magn-si, GVA at the time.

2. Defendant B, who is an employee of the Defendant, committed the same offense as that of paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Accusation against the offender of the Clean Air Conservation Act;

1. Written accusation and voluntary statement;

1. Application of statutes on site photographs;

1. Article applicable to criminal facts;

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

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

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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