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(영문) 청주지방법원 2021.02.18 2020고정872
건설폐기물의재활용촉진에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to operate a construction waste disposal business shall obtain permission from the Mayor/Do Governor after submitting a plan for the construction waste disposal business to the Mayor/Do Governor and receiving notification of conformity as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, from October 15, 2019 to October 28, 2019 without a construction waste disposal business license, the Defendant engaged in a construction waste disposal business (intermediate disposal business) by collecting and transporting approximately 10.8 tons of construction waste discharged at the site of demolition of construction waste located in Cheongju-si, Cheongju-si from October 15, 2019, and storing them separately with 0.3 tons of inflammable construction waste and 10.5 tons of incombustible construction waste.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of business trips;

1. On-site photographs;

1. Application of Acts and subordinate statutes for investigation reports (report on change of volume of construction wastes);

1. Article 62 Subparag. 1 of the Act on the Promotion of Recycling of Construction Wastes, which is applicable to the facts constituting an offense and Articles 62 and 21 (3) of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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