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(영문) 대전지방법원 천안지원 2018.07.20 2018고단1260
대기환경보전법위반
Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B in South-gu, Dong-gu, Seoul and 402, and the defendant corporation B is a corporation established for the purpose of real estate development services.

1. A person who intends to operate a business generating fugitive dust of Defendant A shall report it to the competent authority and install facilities to control fugitive dust or take necessary measures;

Defendant

A around October 25, 2017, around 2017, around Dong-gu, Nam-gu and 12 lots of land, without reporting to the competent authorities, installed facilities to suppress the generation of scattering dust, such as a shot light, or took necessary measures, and performed civil engineering works to create sites for factory construction.

2. A, the representative director of Defendant B, the Defendant Company B, committed the act of violation as provided in paragraph (1) in relation to the Defendant’s business at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. A report on the results of business trips;

1. Written accusation against the violator of the Air Environment Conservation Act;

1. A certificate of all registered matters;

1. Copy of business registration certificate;

1. Application of statutes on field photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 4-2 of Article 92 and the former part of Article 43(1) of the Air Quality Conservation Act (a point where a report on a fugitive dust generation project is not filed), Article 92 Subparag. 5 of the Air Quality Conservation Act, and the former part of Article 43(1) of the Air Quality Conservation Act (a point where installation of facilities for preventing fugitive dust is not installed);

(b) Defendant B: Article 95, subparagraph 4-2 of Article 92, the former part of Article 43(1) (a) of the Air Quality Conservation Act, Article 95, Article 92 subparag. 5, and the former part of Article 43(1) of the Air Quality Conservation Act (a point where installation of facilities for preventing fugitive dust is not made);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act, including the circumstances leading up to the instant crime, and the degree of the offense.

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