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(영문) 광주지방법원 목포지원 2020.04.24 2019고정259

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 a person who operates the farming partnership corporation B.

Any person shall ensure that wastes are not scattered or leaked in the course of collecting, transporting, or storing wastes, ensure that the water is not leaked, and where the water is produced, he/she shall dispose of such wastes, as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, at around 08:40 on June 18, 2019, the Defendant loaded approximately 10 tons of waste-free wastes in the “BFFC” located in Pyeongtaek-gun, Chungcheongnam-gun, the Defendant, while cleaning water from waste water and waste-free water from the inside of the place of business, brought about two tons of waste-free wastes into neighboring waterways.

Accordingly, the Defendant violated the waste disposal standards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the standards for the management of accusation forms, violation certificates, field photographs, request for the inspection of water quality of wastes, issuance of an intrusion report, waste disposal facilities, or recycling facilities;

1. Relevant Article of the Act and Articles 66 subparagraph 1 and 13-2 of the Wastes Control Act, which are applicable to the crimes, and the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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