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(영문) 부산지방법원 동부지원 2017.03.15 2017고정180
대기환경보전법위반
Text

1. Defendant A

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

B. When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A As the employees of Company B, the person in charge at the construction site of soil and steel reinforced concrete parts of the C national highways construction work in progress by the said Company, and the Defendant Company B is a corporation established for the purpose of steel reinforced concrete construction business.

A person who intends to operate a business generating fugitive dust shall take necessary measures to suppress the generation of fugitive dust, as prescribed by Ordinance of the Ministry of Environment.

1. On October 12, 2016, around 15:30 on October 15, 2016, Defendant A generated flying dust by operating a dump truck of materials that enter roads at the construction site located at the Busan-gun C Headquarters, Busan-gun, without carrying three wheelss at the entrance of the construction site.

2. Defendant B, who is an employee of a corporation, committed the same offense as that of the corporation A with respect to the business of the corporation.

Summary of Evidence

1. The defendant A's partial statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing registration;

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. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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