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(영문) 의정부지방법원 2020.10.08 2020고정1351
물환경보전법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

B is a person who operates wastewater discharge facilities and prevention facilities with permission for the installation of wastewater discharge facilities in the so-called Macheon City City, a company A, with the trade name of "stock company A".

The Minister of Environment or a Mayor/Do Governor to whom the authority to issue an order to suspend operation is delegated by the Minister of Environment may issue an order to suspend operation within six months, when a person who operates a preventive facility under the Water Quality Conservation Act exceeds permissible emission levels or fails to comply with an order to suspend operation, and no person who has received

B around April 22, 2020, due to the excess of the permissible emission levels from the Macheon Market with the authority of the Minister of Environment to order the suspension of operation, B was issued for 15 days from March 17, 2020 to March 31, 2020, on the ground that it failed to comply with the order even when it was issued the total order to suspend operation of wastewater discharge facilities and preventive facilities within the above factory A, and the total order to suspend operation of wastewater discharge facilities and preventive facilities was issued for 4 days from May 4, 2020 to May 7, 2020.

Nevertheless, around May 4, 2020, B, a period of suspension of operation, carried out business, such as the production of rice mills, using wastewater discharge facilities, etc. in the above "Co. A" factory.

As a result, B violated the order of suspension of operation of the so-called market delegated by the Minister of Environment.

On May 4, 2020, the defendant, the representative B, violated the order of the suspension of operation of the so-called market to which the authority of the Minister of Environment was delegated with respect to the defendant's business.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. On-site photographs;

1. The application of Acts and subordinate statutes governing the administrative disposition, advance notice, submission of opinions;

1. Relevant Articles 81, 76 subparagraph 7, and 42 (1) 13 of the Water Environment Conservation Act concerning facts constituting a crime;

1. The Criminal Procedure Act;

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