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(영문) 대전지방법원 천안지원 2018.06.19 2018고정326

폐기물관리법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual manager of Nam-gu Seoul Special Metropolitan City, Nam-gu, Seoul Special Metropolitan City.

The Institute of Bankruptcy D is a corporation established for the purpose of construction, sand and gravel wholesale and retail business.

A person ordered by the head of the competent Gu to change the methods of disposal of wastes, dispose of wastes, suspend the disposal of wastes, etc. shall comply with an order to take measures within

Nevertheless, the Defendant did not properly entrust the disposal of commercial wastes (inorganic sludge) generated in the LABD and did not comply with any measure even if he/she received an order from the head of the Dong-gu, Chungcheongnam-gu, Seoul, around December 30, 2016, to properly dispose of the commercial wastes by not later than June 30, 2017, from the head of the Dong-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official statement in charge of E;

1. Application of Acts and subordinate statutes to the official document requesting the disposal of neglected wastes and the site of photograph [the test report submitted by the defendant is related to the designated wastes (Article 2 subparag. 4 of the Waste Management Act), and the order issued by the head of the Dong-nam by the head of the Dong to take measures in this case is related to the "business closed airs (Articles 3 and 18 of the same Act)" and both are irrelevant to each other];

1. Article 65 of the relevant Act concerning facts constituting an offense, Article 65 of the Waste Management Act and Articles 65 subparagraph 23 and 48 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include two times the same criminal records and two times.

However, the defendant's mistake is recognized, and the waste is likely to be treated immediately by concluding a contract with the waste disposal agency after the prosecution.

In addition to this, the defendant's age, sex, environment, circumstances of crime, and circumstances revealed in the trial process shall be determined as follows.