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(영문) 인천지방법원 2020.12.16 2018고단9398

폐기물관리법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who works as the site manager of the “E Construction Work” performed by D Co., Ltd. (hereinafter “instant construction work”) in Jung-gu Incheon, Jung-gu and is in charge of the field work.

No person shall reclaim wastes in any place other than the waste disposal facilities permitted, approved or reported.

Nevertheless, around May 25, 2017, the Defendant performed a “improvemented one structure” during the foregoing construction work, and buried waste concrete at a place, other than waste disposal facilities permitted, approved, or reported, in a manner that used approximately 550 tons of waste concrete, generated from the removal of adjacent structures, as waste disposal facilities.

Summary of Evidence

1. The improvement of the Defendant’s partial statement F, G, and H’s written statement prepared by each police officer’s written statement of statement Nos. 1, 2, and the structural aspects of the structure of each police officer’s written statement; the approval of a draft draft correction; the relevant official document (Evidence No. 11, 12, 38 No. 11, 12, 38); the investigation report on a manual for environmental treatment of wastes (Evidence No. 25); the application of statutes governing the discharge and disposal of construction waste

1. Article 63 subparag. 2 of the Act on the Punishment of Specific Crimes and Articles 8(2) of the Wastes Control Act (Selection of Fine) to suspend sentence, Article 70(1) and Article 69(2)(1) of the Act on the Suspension of Sentence of 10 million Nowon Station Punishment (100,000 won per day) of the Act on the Punishment of Nowon Station in 2003 does not have any other criminal record, except for the punishment sentenced to a fine for a violation of the Road Traffic Act in 2003. The crime of this case is not committed with intent to treat wastes in bad faith or to acquire personal interests. As a result of expert appraisal in the relevant administrative litigation, there is no opinion that the structure using the waste concrete block of this case as filling up for the environment and functionally, and that there is no special problem.