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(영문) 부산지방법원 동부지원 2018.01.10 2016고정759
대기환경보전법위반
Text

1. Defendant A

A. Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Defendant

A is the field manager of the defendant B corporation, and the defendant B corporation is a corporation established for the purpose of aggregate sales business.

1. While Defendant A operating a business that generates fugitive dust (dusts directly discharged into the atmosphere without a certain outlet) in Nam-gu, Busan, and required to install facilities to control fugitive dust and take necessary measures pursuant to Article 43(1) of the Air Quality Conservation Act, Defendant A left the place of business around March 11, 2016 and installed a dust-proof wall with a maximum height of at least 1/3 of the maximum storage height, and did not install a dust-proof net exceeding 1.25 times the maximum storage height, and did not install facilities to control fugitive dust or take necessary measures because he/she did not sprink water in the course of loading aggregate.

2. Defendant B Co., Ltd., at the same time and place as above, a person in charge of the Defendant’s on-site violated the Defendant’s duties as above.

Summary of Evidence

1. The defendant A's partial statement

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

1. Application of Acts and subordinate statutes to investigation report (construction of facilities to control fugitive dust and detection of failure to take necessary measures);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 92 subparag. 5 of the Air Quality Conservation Act, Article 43(1) of the same Act, and Article 95, Article 92 subparag. 5 of the same Act, and Article 43(1) of the same Act, if a person were to be punished by a fine;

1. As to the Defendant’s assertion on the detention at the station (Defendant A) of the Trade Act, the Defendant’s side was unable to install a dust proof wall or a dust proof net on the part of the backline of the Dong-name wharf where sand from the sea surface is unloaded and unloaded, which is the instant aggregate, is less likely to cause a dust from the nature of the sea. The Defendant’s side did not have a house within a half radius of 500 meters and did not cause any harm from fugitive dust.

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