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(영문) 대전지방법원 공주지원 2015.01.30 2014고정151
대기환경보전법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a field director who works in Hanyang and is in charge of the total responsibility of the construction site C of the road construction site among the 29 national highways, and the defendant Hanyang is a corporation established for the purpose of construction business.

1. A person who intends to conduct business prescribed by Presidential Decree which emits dust under Article 43 (1) of the Clean Air Conservation Act shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Gun/Gu, to install facilities to control fugitive dust or take necessary measures;

Defendant

A With respect to the collection and collection of earth and stone under the C Road Construction Act from March 5, 2014 to December 31, 2015, the authority filed a report on the business of generating and processing non-metallic dust with the competent authority to collect and collect earth and stone, and transported soil and stone from May 23, 2014 to 33,228 cubic meters in total, and did not install facilities to control dust dust or take necessary measures, such as transporting soil and sand from May 23, 2014 to 33,228 cubic meters in transport process.

2. The Hanyang Co., Ltd. committed the above violation in relation to the defendant's business as the employee of the defendant at the temporary construction site under the above Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Guidance for places of business producing scattering dust, copies of inspection marks, and land for construction works;

1. Copy of a report certificate, such as a scattering dust generation business, copy of a drawing with three wheels installed, copy of earth and stone collection official document and permission;

1. Copy of a whole certificate of registered matters;

1. (Application of Acts and subordinate statutes to the Acts and subordinate statutes governing the photograph of violation of quantity;

1. Article applicable to criminal facts;

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

B. Hanyang Co., Ltd.: Decision 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act.

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