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(영문) 울산지방법원 2015.10.21 2015고단877
폐기물관리법위반
Text

Defendant

A Imprisonment for 4 months and Defendant B shall be punished by a fine of 3,000,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of F B, located in Yangyang-si, who actually exercises overall control over the business affairs of the F, including the environmental management of the said company, and the defendant B is the company that produces renewable aggregate using waste such as sewage dredging soil.

Any person who intends to dispose of wastes shall ensure that no wastes are leaked in the course of collecting, transporting, or storing such wastes.

1. Defendant A, at around 12:00 on October 14, 2014, kept sewage dredging soil 9.68 tons, which is a waste, at the foregoing place of business, and discharged approximately 70 km of sewage dredging soil, which is a mixture of rainwater, into a regrade in front of the said place of business, and contaminated the surrounding environment of the said place of business by discharging approximately 70 km of sewage dredging soil, which is a mixture of rainwater, into a regrasium located in the said place of business.

2. While the above A, the representative director of the Defendant Company B, who is the Defendant Company, kept sewage dredging soil 9.86 tons as above, it discharged approximately 70 km of sewage dredging soil mixed with rainwater into an excellent manle located in the above business place and contaminated the surrounding environment of the above business place by leaking it into a regrasium in front of the above business place by discharging approximately 70 km of sewage dredging soil, which is mixed with rainwater.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and reports on the results of examination of wastewater quality;

1. Application of investigation reports (report on attachment to the course of movement of flowing water pollutants, the kinds of wastes leaked, and the examination report on the kinds of water pollutants flowing into rivers and the kinds of water pollutants flowing

1. Article 66 subparagraph 1 of the Wastes Control Act and Article 13 (1) of the same Act - Defendant B stock company: Articles 67, 66 subparagraph 1 of the same Act and Article 13 (1) of the same Act - Articles 67 and 66 (1) of the Wastes Control Act;

1. Defendant A who is under the suspension of execution: Article 62 (1) of the Criminal Act (Consideration of taking measures to prevent recurrence of wastes, such as taking measures to prevent recurrence of wastes relatively large);

1. Defendant B stock company: Article 334 (1) of the Criminal Procedure Act;

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