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(영문) 대구지방법원 서부지원 2012.07.27 2012고단740
폐기물관리법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an actual operator of “C”, “D”, and “E” who have obtained permission for a general waste recycling business for domestic waste collection and transportation business.

1. A person who intends to collect, transport, store, or dispose of wastes or construction wastes, shall collect, transport, and keep them separately according to the type, nature, and condition of the relevant wastes, whether they are recyclable, whether they are inflammable or combustibility, etc., and dispose of inflammable wastes which are impossible to be recycled;

On January 201, the Defendant brought about approximately KRW 3,030 g wastes containing inflammable synthetic resin, waste concrete, waste concrete, waste asphalt, waste brick, etc., and waste asbestos, etc., which are controlled wastes, into the G Business Office of the FF-type Daegu: (a) from the aforementioned date to the beginning of May 2012, the Defendant used the I of F, H, and C; and (b) used the freight truck from J of “D”, to the end of May 2012, the Defendant buried waste of approximately KRW 5,760.36 tons of waste, such as waste synthetic resin, etc., such as waste concrete, waste concrete, waste asphalt, waste brick, waste asbestos, waste asbestos, waste scrap, waste paint, waste paint, etc., into the said G Business Office, and buried them.

Accordingly, the Defendant violated the waste disposal standards by reclaiming construction waste and designated waste without burning any inflammable waste that cannot be recycled.

2. A person who intends to engage in business of collecting, transporting, or disposing of wastes or construction waste shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission, transported approximately KRW 5,760.36 tons of wastes from the place of business, designated wastes, and construction wastes to the above G G business place without any permission, and carried out each waste disposal business by reclaiming them.

3. Persons occupying wastes in the surrounding environment;

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