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(영문) 수원지방법원 2014.05.29 2014고정654
대기환경보전법위반
Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is the field manager at the field of G Construction, F and B, and the defendant B is a corporation established for the purpose of construction business and general civil engineering works.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust emitted, shall file a report thereon 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 dust or take other necessary measures

Nevertheless, on February 12, 2013, Defendant A received a report on dust dust generating projects at the above G construction site at the Sung-dong Branch Office of Sung-dong on February 12, 2013, and carried out civil construction works (area: 87,98 square meters), and the same year.

9. Although one ton cargo vehicle, which is a construction vehicle in the construction site at the above construction site, has withdrawn out of the construction site, it has not taken necessary measures to control fugitive dust, such as failing to carry out spact and spacting water.

2. Defendant B, a representative of a legal entity, committed the same act as that of paragraph (1) with respect to the legal entity’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. A written accusation and a statement of business trip;

1. Copy of a certificate of report on a scattering dust generating business, etc. and all registered certificates;

1. Application of statutes on site photographs;

1. Defendant A: Article 92 subparag. 5 and Article 43 (1) of the Clean Air Conservation Act; Article 95 and Article 92 subparag. 5 of the Clean Air Conservation Act; Article 43 (1) of the Clean Air Conservation Act; Article 95 and Article 92 subparag. 5 of the Clean Air Conservation Act;

1. Defendant B corporation to be suspended from sentence: Fine of 500,000 won;

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

1. Defendant B corporation of suspended sentence: Article 59 (1) of the Criminal Act (Taking into account the fact that the Defendant is against his gender, the background of the occurrence of the case, the degree of the violation, etc.);

1. Defendant A of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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