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(영문) 전주지방법원 2015.06.25 2015고정63

수질및수생태계보전에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a place of business washing high-pressure plates in the Jeonbuk-gun Group B, and the person who intends to install discharge facilities, shall obtain permission or report from the Minister of Environment, and shall not discharge water pollutants discharged from discharge facilities without flowing them into prevention facilities.

Nevertheless, the Defendant, without filing a report on June 30, 2013, installed discharge facilities by operating a place of business that discharges copper, etc., which is a hazardous water harmful substance in the above place. From around the above time to June 30, 2014, the Defendant discharged waste water-quality pollutants without flowing them into the prevention facilities by discharging approximately five tons of the monthly average of 5 tons of waste water, including floating materials, from the above time to June 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (Submission of a report, etc. on the suspect's place of business and the discharge of wastewater);

1. Reports on internal accidents (Submission of reports on the results of testing and analysis of wastewater);

1. Request for the testing and analysis of wastewater, ledger of allocating samples, collection registers, confirmation of samples, results of wastewater testing, entrustment contracts, acceptance of reports on the commencement of operation of wastewater discharge facilities and prevention facilities, certificate of report on the installation of wastewater discharge facilities, and certificate of report on the installation

1. Permissible discharge marks of water pollution water, water pollutants and specific substances harmful to water quality;

1. Application of statutes on site photographs;

1. Article 76 subparagraph 2 of the Act on the Preservation of Water Quality and Aquatic Ecosystem (amended by Act No. 12519, Mar. 24, 2014; hereinafter the same shall apply) and Article 33 (1) of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 12519, Mar. 24, 2014; hereinafter the same shall apply), Article 76 subparagraph 3 of the former Water Quality and Aquatic Ecosystem Conservation Act and Article 38 (1) 1 of the former Water Quality and Aquatic Ecosystem Conservation

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;