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(영문) 대구지방법원 김천지원 2013.07.17 2013고정305
건설폐기물의재활용촉진에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates B and Celel.

A construction waste discharger shall investigate the estimated quantity of each construction waste generated in the relevant construction work and prepare a waste disposal plan based on the results thereof and report it to the Mayor.

Nevertheless, from September 26, 2012 to September 27, 2012, the Defendant carried in construction waste 5.05 tons of construction waste, such as stone, concrete, trees, and bricks, five times through E-vehicles, and disposed of construction waste without reporting the waste discharger.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. G statements;

1. Investigation report (to attach records prepared at the time of visiting the field by a public official in charge);

1. Application of statutes governing the shipment of domestic waste from construction sites;

1. Article 64 subparagraph 1 of Article 64 and Article 17 (1) of the Act on the Promotion of Construction Waste Recycling for the Fact-finding and the Selection of Fines;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that persons around the region have been in excess of five tons of household garbage.

In light of the records, it is difficult for the neighbors to be deemed to have been at least five tons of household garbage caused by dumping, and pursuant to Article 17(1) of the Act on the Promotion of Construction Wastes Recycling, a construction waste discharger shall investigate the estimated amount of construction waste generated by the type of construction waste to be generated in the construction work and prepare and report a waste disposal plan to the Mayor based on the results thereof. The Defendant still disposes of the construction waste of the above 5.05 tons at the construction site, and even if the construction waste still remains at least three tons at the construction site.

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