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(영문) 수원지방법원 여주지원 2017.12.18 2017고정226

수질및수생태계보전에관한법률위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the factory site of a concrete file manufacturing company, “B stock company” located in D in Gyeonggi-do.

A person who manufactures concrete products has a duty of care to manage specific water-quality harmful substances generated from raw materials, products, transportation equipment, etc. of products in a manner that does not leak into public waters.

Nevertheless, on February 22, 2017, the Defendant, as a result of insufficient cleaning of the site in the workplace, went to a valley, which is a public water zone, approximately 37.3 meters of outflow, including the 0.13mg/L glass, by mixing the aggregate with rainwater.

2. The summary of the evidence that Defendant B was a corporation with the purpose of manufacturing and selling cement processed products, and that Defendant B, an employee of the Defendant, violated the above provisions regarding the Defendant’s business

1. The Defendants’ respective legal statements

1. Legal statement of witness E;

1. A report on the results of each business trip;

1. Test results;

1. Application of Acts and subordinate statutes on site photographs, sites, photographs, etc., photographs, and site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 2 of Article 78 and Article 15 (1) 1 of the Water Quality and Water Quality Conservation Act (Selection of a penalty);

(b) Defendant B: Article 81, Article 78 Subparag. 2, and Article 15(1)1 of the Water Quality and Water Quality Conservation Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;