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(영문) 대구지방법원 2019.07.24 2019고단2175

폐기물관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From September 19, 2018, the Defendant is a person who runs a retail business of aggregate in the name of D with the location of the place of business of Daegu-gu B commercial building C as of the location of the place of business.

A person who intends to operate a waste disposal business for the business of collecting, transporting, recycling, or disposing of wastes shall submit a business plan to the competent authority, and a person notified of conformity shall obtain permission from the competent authority with facilities, equipment, and technical capabilities in accordance with the standards.

From the beginning of December 2018 to January 29, 2019, the Defendant transported and collected approximately 1,250t (25t truck approximately 50 parts) of waste synthetic resin (i.e., general wastes generated in the vicinity of the Gyeongnam-gun, Gyeongnam-gun, using truck to the open site in Gyeongbuk-gun E using truck.

Accordingly, the Defendant operated waste disposal business without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Copy of business registration certificate;

1. Application of statutes on field photographs;

1. Article 63 of the Wastes Control Act and Articles 63 (5) and 23 (3) of the same Act concerning the selection of applicable laws and punishment for facts constituting an offense;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant, after notifying the summary order, treated at least 1,250t of waste as indicated in the judgment; and (b) the Defendant has no record of punishment; and (c) the Defendant has to reduce the amount of fine.