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(영문) 청주지방법원 충주지원 2019.08.23 2019고단375
대기환경보전법위반
Text

1. Defendant A shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

Defendant

A is the head of Seongdong-gu, Daejeon Metropolitan City U.S. C, and B is a corporation that carries out the new construction of solar power plants at D Japanese Won.

1. When executing construction works for solar power plants (business area: 19,894 square meters) including earth construction work with a total floor area of not less than 1,00 square meters, Defendant A shall file a report on the business generating scattering dust before commencing the construction work, and shall install facilities or take necessary measures to control scattering dust;

Nevertheless, at the time of the inspection on December 24, 2018, the Defendant failed to implement measures to restrain fugitive dust generation (establishment of a multi-pact facility) while carrying out construction of a new site for a solar power plant at the time of the inspection.

Accordingly, the defendant violated the Clean Air Conservation Act.

2. Defendant A committed the above violation at the place of each of the dates set forth in the preceding paragraph in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A written confirmation of violation;

1. Business trip reports, reports on results - Application of Acts and subordinate statutes governing violations (related) 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: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant A);

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

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