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(영문) 청주지방법원 충주지원 2019.09.04 2019고정109

폐기물관리법위반

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

B is the site manager at the site of the “project to create a site for a gas station,” which is the head of the relevant site, and the defendant is the driver of a scood season who has performed flat operations, etc. at the above construction site.

No person shall reclaim or incinerate wastes in any place other than the waste disposal facilities permitted, approved, or reported pursuant to the Wastes Control Act.

Nevertheless, around January 9, 2018, the Defendant and B did not dispose of approximately 50 tons of industrial wastes (voluntary waste) generated at the construction site of the site of a gas station in the Chungcheong-gun Co., Ltd., and illegally buried them in D members adjacent to the construction site.

Summary of Evidence

1. Defendant's legal statement;

1. B Police suspect interrogation protocol dated December 16, 2018

1. E statements;

1. Application of statutes on field photographs;

1. Article 63 subparagraph 2 of the Wastes Control Act, Article 8 (2) of the same Act, Article 30 of the Criminal Act, the selection of fines and fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the defendant's attitude to recognize and reflect his mistake in this court.

The punishment as ordered shall be determined in consideration of various sentencing conditions shown in the records and arguments, such as the defendant's age, occupation, family relation, circumstances leading to crimes, kinds of wastes and the amount of illegally disposed wastes, and the existence of the same criminal records and arguments.