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(영문) 창원지방법원 2015.01.23 2014고정1121
대기환경보전법위반
Text

Defendant

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a staff member of the national expressway E site director, and Defendant B is a corporation with the purpose of civil engineering and construction works.

1. A person who intends to operate a business generating dust emitted from defendant A shall install facilities to control fugitive dust or take necessary measures;

Nevertheless, the Defendant, from April 3, 2014 to October 10 of the same month, opened and operated an additional access road to the F F F F F F F F F F F F F F F F F F F FM among the sections E of the national expressway, the size of which is 5.5km from around April 3, 2014, but did not take measures to restrain the fugitive of car transportation vehicles passing through this area, such

2. Defendant B Co., Ltd. committed an act identical to that of Defendant B in relation to Defendant’s business at the same date, time, and place as set forth in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

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;

2. The fine of 700,000 won to be suspended (for the defendant B stock company), which is to be suspended; and

3. Articles 70 and 69 (2) of the Criminal Act (Defendant A).

4. Article 59(1) of the Criminal Act (with respect to Defendant B stock company, the details of occurrence of the instant case, degree of fugitive dust, degree of violation of management and supervision of the said Defendant, etc.);

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

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