Text
The sentence of punishment against the Defendants shall be suspended separately.
Reasons
Punishment of the crime
Defendant
A is the chief of the national expressway D Corporation of the wife population C at the time of permission performed by the corporation B, and the defendant B corporation is a corporation established for the purpose of construction business.
Defendant
A person who intends to conduct a business prescribed by Presidential Decree which generates dust fugitives shall report it to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, and install facilities to control fugitives or take necessary measures.
Nevertheless, the defendant, on May 18, 2020, did not install facilities to control fugitive dust or take necessary measures, and generated dust by carrying out road construction.
B. Defendant B, at the same time and place as the above paragraph (a) above, Defendant B, an employee of the Defendant, committed the above violation in relation to the Defendant Company’s business.
Summary of Evidence
1. Defendants’ respective legal statements
1. E statements;
1. Application of Acts and subordinate statutes, such as a charge book, certificate of report on scattering dust generating business, etc., business registration certificate, location map and field photograph
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 corporation: Articles 95, 92 subparag. 5, and 43(1) of the Clean Air Conservation Act;
1. Defendants to be suspended from sentence: Fines of 700,000 won; and
1. Defendant A at a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. Defendants of suspended sentence: Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Criminal Act (see, e., that the Defendants make efforts to prevent recidivism, including the fact that the Defendants make confessions and reflects, that Defendant A is the initial offender,