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(영문) 춘천지방법원 강릉지원 2016.03.31 2015고단1449
대기환경보전법위반
Text

Defendant

A shall be punished by fine for negligence of KRW 3,000,000, and by fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the actual operator of "B" corporation, which is a construction waste disposal company in C at any time, and the defendant corporation B is a company established for the purpose of collecting, manufacturing, and processing non-metallic materials, such as waste concrete, which is a construction waste.

A person who intends to conduct a business generating fugitive dust which is prescribed by Presidential Decree shall install facilities to control the generation of fugitive dust or take necessary measures.

1. At around 10:30 on November 2, 2015, Defendant A, at the place of business located in C, caused a large quantity of fugitive dust by failing to take necessary measures for suppressing flying dust by covering the fugitive covers on aggregate recycling and waste concrete, etc. located in the place, or by operating sprinklers in the process of crushing waste disposal, such as waste concrete, etc.

2. Defendant B Co., Ltd. had Defendant B, at the time and place specified in the above Paragraph 1, commit an act of violation as described in the above Paragraph 1 with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on detection of environmental offense;

1. Application of the photographic Acts and subordinate statutes;

1. Defendant A of the relevant Act on criminal facts: Article 92 subparag. 5 of the Conservation of the atmospheric environment Act and Article 43(1) B of the same Act: Articles 95, 92 subparag. 5, and 43(1) of the Air Quality Conservation Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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