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(영문) 대구지방법원 서부지원 2018.02.13 2017고정333
대기환경보전법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant

A is the representative of D located in Gyeongbuk-gun, the elderly group C, and E, as the site manager of the above workplace, received a report on the fugitive dust generation business as a non-metallic mineral crushing product production business on January 7, 2009 for a place of business located in Gyeongbuk-gun, the elderly group C.

1. A person who intends to carry on a business generating dusts shall report to the competent authority and install and operate facilities emitting portable water in the vicinity of a place where scattering dust is loaded or unloaded, in order to suppress the generation of flying dust, and use automatic sponsor facilities for transport vehicles;

Nevertheless, on January 3, 2017, E did not operate automatic three-wheeled facilities despite the fact that E had been engaged in the work to load or unload aggregate from the raw stone in the transport vehicle at the above place of business.

As a result, E did not take necessary measures to suppress flying dust.

2. Defendant A, as the representative of the above D, did not take necessary measures to suppress flying dust by operating automatic sponsing facilities despite the fact that the above E, as described in paragraph (1) with respect to the Defendant’s business, had been engaged in the work to load or unload aggregate produced by adding the sphere to a transport vehicle at the above place of business around January 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspects of E;

1. A written accusation;

1. In relation to the investigation report (related to the implementation of environmental and safety education) (the defendant and his defense counsel can not directly manage the whole site because the defendant cannot directly manage the field due to the relation that the defendant operates a large number of enterprises scattered in various areas, such as Daegu, Mountain, Elderly, old and old, etc., the defendant designated E as a field director and an environmental management manager, and delegate the field management to E every time at the D site.

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