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(영문) 창원지방법원밀양지원 2020.10.27 2020고정34

물환경보전법위반

Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation that is engaged in manufacturing and processing business, such as D Section 5 concrete products, etc., at Pyang-si, and Defendant A is a person who is engaged in managing the above construction site as the chief of B Co., Ltd.

1. The defendant A business operator or any person who operates prevention facilities shall not discharge water pollutants that flow into prevention facilities without passing through the final outlet or install facilities capable of discharging water pollutants without passing through the final outlet;

Nevertheless, around February 11, 2020, the Defendant, while running a ready-mixed manufacturing business at Seoyang-si Co., Ltd. around 11, 2020, installed a separate pipe to discharge wastewater containing water-quality pollutants into the outside of the place of business without going through the final discharge outlet, thereby allowing the wastewater containing water-quality pollutants to flow into the outside of the place of business.

2. On February 11, 2020, Defendant B Co., Ltd. (hereinafter “B”) committed an act identical to that set forth in paragraph (1) with respect to the Defendant’s business at the one-day level C in smuggling, and the said Party A, the employer of the Defendant, committed the same act.

Summary of Evidence

1. Legal statement of witness E;

1. The E’s accusation against a violator of the Water Environment Conservation Act, on-site photographs, the details of the measures against Section 5, the flow degree of wastewater discharge process, and investigation reports (Attachment to the statement of a corporation B);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Defendant A of the relevant law on criminal facts: Subparagraph 3 of Article 76 of the Water Environment Conservation Act, and Article 38 (1) 2 of the Water Environment Conservation Act (Selection of Fines): Defendant B: The main sentence of Article 81, subparagraph 3 of Article 76, and Article 38 (1) 2 of the Water Environment Conservation Act;

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

1. Defendants of the provisional payment order: The Defendants committed the instant crime even though the Defendants were sentenced to a fine for the same kind of crime under Article 334(1) of the Criminal Procedure Act, and committed the instant crime in light of the scale of the construction site, etc.