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(영문) 인천지방법원 부천지원 2013.10.02 2013고정1003
대기환경보전법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

A shall be 50,000 won where he/she fails to pay the fine.

Reasons

Punishment of the crime

1. Defendant A is the site manager of “B” corporation that performs construction works for building remodeling in the H section within the housing site development zone in Kimpo-si, E, F, and G Day.

A person who runs a business generating scattering dust shall install facilities to control fugitive dust generated from the business or take necessary measures.

Nevertheless, from December 1, 2012 to February 27, 2013, file construction works were carried out at the construction site at the same time, and file files were not installed, and necessary measures were not taken, as well as they were not necessary, to remove wheel soil of a vehicle related to the construction project (total 202 times) that moves out to a voluntary exit. Moreover, from January 27, 2013 to February 27, 2013, earth and sand was set up in the construction site at night (3,394 cubic meters), while installing a dump truck (total 282 feet) and a dump truck (total 282 feet), as well as installing a dump facility.

2. Defendant B Co., Ltd. is a corporation established for the purpose of civil engineering, construction, overseas general construction, packing, electrical construction, etc.

The defendant, at the same time and place as the above Paragraph (1), committed the above violation against A, who is the on-site director of the defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of a witness I;

1. A written confirmation of violation;

1. Copy of business registration certificate;

1. A copy of all the registered matters;

1. Open-air drawings of earth and sand;

1. Copy of certificate of report, such as scattering dust generating business;

1. Photographs related to illegal facilities;

1. A certificate of employment;

1. Application of the Acts and subordinate statutes governing the traffic of vehicles;

1. Article applicable to criminal facts;

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

(b) Defendant B stock company: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act (Presiding over)

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

1. The order of provisional payment;

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