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(영문) 창원지방법원 거창지원 2014.09.03 2014고단42
대기환경보전법위반
Text

A defendant shall be punished by a fine of 500,000 won.

In order to order the provisional payment of an amount equivalent to the above fine.

(b) Costs of lawsuit;

Reasons

Punishment of the crime

Anyone who intends to conduct a project prescribed by Presidential Decree which generates dust emitted shall report to 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 dust dust or take necessary measures.

Nevertheless, the Defendant violated joint penal provisions by failing to take necessary measures, such as installing facilities to control fugitive dust or covering the earth and sand, when he/she operated a fugitive dust-generating business from around March 7, 201 to around September 28, 2013, around September 30, 201, and around October 14, 201.

Summary of Evidence

1. Partial statement of defendant representative director F in law;

1. Each legal statement of witness G and D;

1. A copy of the written statement-General Environmental Sanitation Department and the Verification of Violation;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by evidentiary materials);

1. Article 95, subparagraph 5 of Article 92, and Article 43 (1) of the Clean Air Conservation Act concerning the facts constituting an offense;

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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