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(영문) 수원지방법원 평택지원 2018.08.17 2017고정428
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was the representative director of the E Co., Ltd. in Pyeongtaek-si D.

1. A person who intends to dispose of any surrounding environmental pollution due to a violation of standards for disposal of wastes shall ensure that the wastes are not scattered or leaked in the course of collection, transportation, or storage in accordance with the standards and methods prescribed by Presidential Decree, and shall not pollute the surrounding environment by treating such wastes in violation of the standards and methods although the water is not leaked;

Nevertheless, on September 9, 2016, the Defendant, at the time of storing the net bregy water, which is food waste brought into the land of the E Co., Ltd., in the course of storing it in the site, leaked the packing price, and leaked into a water way, which is likely to flow out of the land.

2. A waste treatment business operator storing wastes in an additional place designated by Ordinance of the Ministry of Environment shall store wastes in an appropriate place, such as storage facilities, temporary storage facilities, etc. within the permitted place of business.

Nevertheless, the Defendant kept the above net boom water in front of the above E Co., Ltd., instead of waste storage facilities in a place of business permitted or approved at the same time and place as Paragraph 1.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. A certificate to collect samples;

1. Test results;

1. On-site photographs (the defendant and the defense counsel asserted that there is no evidence to acknowledge that pollutants have been discharged, or pollution has been caused, under the environment-related laws or regulations due to the instant land waterways, to the extent that such pollution has occurred.

First of all, the following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, the substance that flows into the workplace of this case after collecting the sample of this case, is flowing into the public waters drainage. The land of this case is the land of this case.

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