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(영문) 수원지방법원 안양지원 2019.08.30 2019고정318
대기환경보전법위반
Text

Defendant

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the head of the field office at the site of the Cement reconstruction project (construction of a building, total floor area of 24,356 square meters) in Overcheon-si.

A person who intends to operate a business generating dust which discharges fugitive dust shall install facilities to control fugitive dust or take necessary measures.

Nevertheless, around December 11, 2018 and around December 20, 2018, the Defendant failed to take necessary measures to control fugitive dust by operating a transport vehicle operated for concrete with no spact and spacting numbers on the construction site, and on December 20, 2018.

2. Defendant B Co., Ltd. committed a violation as described in paragraph (1) in relation to the Defendant’s business at the time, place, and the Defendant’s employee, as described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Written charge and written confirmation;

1. Reporting certificates on business generating scattering dust, etc. and facilities to control production and measures to be taken, such as scattering dust;

1. Application of statutes on site photographs;

1. Defendant A: Article 92 subparagraph 5 of Article 92 of the Clean Air Conservation Act and Article 43 (1) of the Clean Air Conservation Act (Selection of Fine): Article 95, Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) of the same Act;

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

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

1. Defendant B stock company subject to suspended sentence: Article 59 (1) of the Criminal Act (including the degree of violation, circumstances leading to the crime, degree of disadvantage at the government-funded construction tender when a fine is finalized);

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