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(영문) 대전지방법원 2019.02.13 2018고단4423
폐기물관리법위반
Text

Defendant

A shall be punished by a fine of KRW 10 million, and Section B shall be punished by a fine of KRW 7 million.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation with the location of its head office in Category C and engaged in aggregate extraction business, etc., and Defendant A is a representative director of the above Defendant B, who actually exercises overall control over factory operation.

1. The industrial waste discharger A shall dispose of wastes generated from his/her place of business on his/her own, or entrust the disposal of such wastes to the person who has obtained permission;

Nevertheless, the Defendant incinerated in the above factory, or transported approximately 1,250 tons by using approximately 50 metric trucks in Sejong D and E on August 1, 2018, without being entrusted to a person who obtained permission for waste treatment business, etc., when the Defendant incinerated in the above factory the inorganic sludge, which is a general waste generated in the course of soil washing, in the course of production of aggregate, or after drying water, buried in the management-type landfill facility after drying, or transported approximately 1,250 tons by using approximately 50 metric trucks.

2. A, the representative of Defendant B’s Defendant, committed the same offense as described in paragraph (1) above with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. On-site verification results and a plan for measures following reports on improper treatment of industrial wastes;

1. Application of Acts and subordinate statutes on civil petition sites;

1. Defendant A: Article 65 subparag. 11 and Article 18(1) of the Wastes Control Act; Article 67, Article 65 subparag. 11 and Article 18(1) of the Wastes Control Act; Article 67, Article 65 subparag. 11 and Article 18(1) of the Wastes Control Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The sentencing reasons of Article 334(1) of the Criminal Procedure Act include the restoration to the original state against the waste speculation place by Defendant A, the fact that Defendant B (the representative director at that time: Defendant A) committed the same kind of crime before the Defendant Company B (the representative director at that time) had the record of punishment, equity with other Cities/Dos, the quantity of wastes, Defendant A’s criminal records, the means and consequence of the crime, and the circumstances after the crime.

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