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(영문) 청주지방법원 2020.04.22 2019고정925

하천법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a driver of a d5 tons live vehicle belonging to the "C" located in Seowon-gu, Seowon-si.

A person who intends to use river water for the purposes of living, industry, agriculture, environment improvement, power generation, transportation, etc. shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

Nevertheless, at around 08:00 on September 19, 2019, the Defendant, without obtaining permission, collected approximately KRW 6,000 liters water using the foregoing scaming vehicle in order to prevent scattering of dust at the aggregate extraction site with a limit of 11 state river water from a bank in a considerable amount of Cheongju-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, internal reports-application of specific Acts and subordinate statutes;

1. Article 95 of the relevant Act on criminal facts and subparagraph 9 of Article 95 of the River Act, which select a punishment, and Articles 50 (1) of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., even if comprehensive consideration of the circumstances before and after the crime is given, it does not seem that the punishment of a summary order is too heavy, and thus, the same sentence as the disposition of the summary order is determined.