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(영문) 춘천지방법원 강릉지원 2014.04.25 2014고정138
대기환경보전법위반
Text

Defendant

A limited partnership company B shall be punished by a fine of KRW 1,00,000.

Defendant

In respect of B of a limited partnership company, the above fine shall be reasonable.

Reasons

Punishment of the crime

Defendant

A is the representative member of the limited partnership company B, and the defendant limited partnership company B is a corporation established for the purpose of collecting aggregate.

1. A person who intends to conduct business prescribed by Presidential Decree which generates dust emitted from defendant A (hereinafter referred to as "fugitive dust") shall file a report thereon with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitive dust or take

Nevertheless, the above defendant did not install facilities to control fugitive dust or take necessary measures, such as not installing a sprink cover at D and 3 lots in the land aggregate extraction site between the middle order of December 2013 and the 27th day of the same month without installing a sprinkr at the open-air storage site, not operating mobile sprinking facilities in the loading and unloading process, and not operating the water tank facilities in the lawsuit.

2. The above defendant limited partnership company B committed the above violation in relation to the above defendant's business at the date and place mentioned in the above paragraph 1.

Summary of Evidence

1. The defendants' statement on the second trial date at court

1. Written accusation of a three-party market;

1. E statements;

1. Copy of the corporate register, such as a map and inspection table of a business place producing scattering dust, and certificate of report on a scattering dust business;

1. Application of related Acts and subordinate statutes;

1. Defendant A: Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) Section B of the same Act concerning criminal facts: Article 95 and Article 92 subparagraph 5 of the Clean Air Conservation Act and Article 43 (1) of the same Act;

1. Suspension of sentence (a suspended sentence: a fine of one million won, one million won per day for confinement for exchange): Defendant A has taken corrective measures prior to the instant crime, such as the fact that there is no power to commit any crime, the establishment of a post-proof coverr, etc. prior to the accusation, and the time of detection.

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