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(영문) 대구지방법원 김천지원 2016.08.11 2016고정108

수질및수생태계보전에관한법률위반

Text

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

Defendant

If A does not pay the above fine, each 100.

Reasons

Punishment of the crime

1. No defendant A business operator or any person who operates prevention facilities shall discharge water pollutants that flow into prevention facilities without passing through the final outlet for discharge, or install facilities capable of discharging water pollutants without passing through the final outlet for discharge;

Nevertheless, the defendant from around May 28, 2015 to around the same year between the corporation B and the corporation located in Gumi-si D around May 28, 2015.

7. A contract between the parties to operate preventive facilities established in the company to treat 4,00 tons of wastewater stored therein during the period of up to 31.31.

7. 27. In the above company, eight drain pipes were installed to discharge water pollutants without passing through the final discharge outlet.

2. Defendant B, the Defendant, at the time and place specified in paragraph (1), committed the above act of violation against Defendant B, who was an agent, in relation to the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. E-certification;

1. Prosecution investigation reports (a copy of the contract);

1. On-site photographs;

1. Determination on the defendant and his/her defense counsel's assertion on the report of installation of wastewater discharge facilities

1. The defendant and his defense counsel asserted that the water quality of the drainage hole installed in the non-determination structure of this case is a device necessary for cleaning or remodeling the anti-defluence tank. In addition, in light of the actual state of the use of preventive facilities and the location and size of the above drainage hole, the above drainage hole is not installed for the purpose of discharging wastewater, and it does not violate the Water Quality and Aquatic Influence Conservation Act.

2. The relevant legal principles and the Act on the Conservation of Water Quality and Living Drillies shall be approved or reported in advance when it is intended to install wastewater discharge facilities in order to preserve the adequate water quality and living attitudes.