logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2017.06.07 2016고정573
대기환경보전법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. Defendant A is a person who is a site manager of “E” in North-Gu D Day, North Korea-gu, Pohang-si, that is implemented by B Co., Ltd.

A person who intends to conduct a project prescribed by Presidential Decree which generates fugitive dust shall report it to the Mayor/Do Governor and install facilities to control fugitive dust or take necessary measures, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, on November 15, 2016, the Defendant generated fugitive dust by installing a spons facility for vehicles transporting earth and sand at the construction site, which was reported as a fugitive dust generation project.

B. Defendant B, as a corporation, the Defendant, who is an employee of the Defendant, generated flying dust in violation of the Air Quality Conservation Act, as in the preceding paragraph.

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. A written accusation;

1. All on-site photographs;

1. Application of a report certificate, such as flying dust generation business, business registration certificate, and certified copy of registry;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Subparagraph 5 of Article 92 of the Air Quality Conservation Act and Article 43 (1) of the same Act;

(b) Defendant B: Articles 95, 92 subparag. 5, and 43 subparag. 1 of the Air Quality Conservation Act

1. 50,000 won for each fine to be suspended;

1. Defendant A who is detained in a workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. In light of the following: (a) the suspension of sentence: (b) the Defendants committed a violation while banking operations for the installation of a three-wheeled flag; (c) the Defendants committed a basic measure such as the installation of a high-tension spacker and a scattering dust prevention device prior to the installation of a three-wheeled flag; and (d) the period of the violation was more than one day and immediately installed the three-wheeled flag and immediately completed corrective measures at two days after the discovery of the violation; and (c) the Defendants were punished by a fine and the actual damage the Defendants suffered is somewhat heavy compared to the Defendants’ liability

The decision is judged.

Accordingly, the Defendants are sentenced to punishment.

arrow