logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.10.12 2018고단1336
폐기물관리법위반등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a waste disposal business operator who has obtained a license for a comprehensive waste recycling business in the Gu B in the Chang-si, Chang-si, and operates a trade name C.

1. Violation of the Waste Management Act;

(a) A waste treatment business entity that violates storage methods shall keep wastes in an appropriate place, such as storage facilities in the permitted place of business or temporary storage facilities approved for the wastes, as prescribed by Ordinance of the Ministry of Environment;

From April 17, 2018 to May 17, 2018, the Defendant kept approximately 80 tons of waste internal cargo, waste tap water, and mineral scrap in a place other than the storage facility permitted.

B. The Defendant, without obtaining permission for change in the foregoing C, newly installed and operated 50HP1 machine, which is a waste disposal facility, from February 2, 2016 to May 17, 2018. From September 2016 to May 17, 2018, the Defendant newly installed 20HP1 machine, which is a waste disposal facility.

2. Any person who intends to install emission facilities in violation of the atmospheric environment conservation Act shall file a report with the competent authority;

In the above case, the Defendant installed and operated a 50HP1 machine, which is a waiting emission facility, from February 2, 2016 to May 17, 2018. From September 2016 to May 17, 2018, the Defendant installed 20HP one machine, which is a waiting emission facility, and operated from September 2016 to May 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 65 subparag. 14, Article 25 subparag. 11 (Unauthorized Alteration), Article 66 subparag. 9, and Article 25 subparag. 9 (9) 1 (Violation of Method of Storage), Article 90 subparag. 1, Article 23 subparag. 1 of the Air Quality Conservation Act, and Article 23(1) of the Waste Management Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sentencing Article 334 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”): Imprisonment with prison labor and six months.

arrow