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(영문) 창원지방법원 2017.02.15 2016고단1478

수질및수생태계보전에관한법률위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B in Kimhae-si D, and the defendant B is a corporation established for the purpose of manufacturing motor vehicle parts.

1. From March 20, 2014 to March 25, 2016, Defendant A operated 52 vehicles of CNC’s line without reporting the installation of wastewater discharge facilities (5.80 cubic meters of water storage capacity) between Defendant A and his/her operations.

2. Defendant B, in relation to the Defendant’s business at the same date, time, and place as in the preceding paragraph, established 52 joints of CNC lines (5.80 cubic meters of water storage capacity) without filing a report on installation of wastewater discharge facilities as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official's statement, written confirmation of violation, written confirmation of collection of samples, and on-site photographs related to environmental law;

1. A report on investigation (report accompanied by a report on the results of a public prosecutor’s examination) , a photograph of examination samples of wastewater, or a report on wastewater inspection;

1. A copy of an investigation report (report attached to data related to the establishment of a factory), a copy of an official announcement of the completion report of factory establishment;

1. A contract for collection, transportation, and disposal of wastes;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to areas where the installation of wastewater discharge facilities is restricted);

1. Defendant E of the relevant criminal facts: Article 76 subparagraph 2 of the Water Quality and A of the Act on the Conservation of Water Quality and Aquatic Life, and Article 33 subparagraph 1 of the same Act Article 81, Article 76 subparagraph 2 of the same Act and Article 33 (1) of the same Act on the Conservation of Water Quality and Aquatic Life;

1. Defendant E: Selection of a fine;

1. Defendant E in custody in the workhouse: The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendants recognized their mistakes and reflects them; the Defendants appears to have caused the instant case due to lack of proper knowledge of the relevant laws and regulations; and the Defendant’s water quality harmful to wastewater collected from the Defendant’s workplace as a result of the examination of water quality of the water quality of the water taken at the Defendant’s workplace of the Gyeongnam-do Health and Environment Research Institute