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(영문) 수원지방법원 안양지원 2019.05.30 2019고정228

물환경보전법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No business operator or any person who operates prevention facilities shall discharge water pollutants from discharging facilities without flowing them into prevention facilities, or install facilities capable of discharging water pollutants without flowing them into prevention facilities.

Nevertheless, on May 23, 2018, the Defendant discharged water-quality pollutants without flowing them into prevention facilities while performing the tunnel excavation work as the site manager of the corporation B, which is a wastewater discharge facility in king City.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of the result of inspection of wastewater contamination level);

1. A certificate of collection of samples, logs operating wastewater discharge facilities and water pollution prevention facilities, field photographs, request for inspection of degree of pollution of wastewater, and test report;

1. Application of Acts and subordinate statutes to on-site organization, certificate of employment, registration and partial certificate;

1. Relevant Article 76 of the Water Environment Conservation Act and Article 76 subparagraph 3 of the same Act and Article 38 (1) 1 of the same Act concerning facts constituting an offense, the selection of a fine;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: It is difficult to easily see the risk of environmental damage caused by water pollution, and the defendant's responsibility is not weak because of a significant impact on public health.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The discharge of water pollutants was completed once.

There is no record of criminal punishment against the defendant.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.