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(영문) 대구지방법원 2016.01.20 2015고정2921
소음ㆍ진동관리법위반등
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

The Defendant is a substantial operator of B.

1. A person who intends to install noise and vibration emission facilities in violation of the Noise and Vibration Control Act shall report to the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, but the Defendant did not file any report, even though he/she installed and operated a noise-emitting facility in B office located in Youngcheon-si C on November 3, 2015.

2. Violation of the Wastes Control Act;

(a) A person who intends to install waste disposal facilities shall report thereon to the Minister of Environment;

On October 5, 2015, the Defendant installed a boiler for incineration of waste disposal facilities, without reporting to the competent authorities, while treating the waste (e.g., 200 kgs) generated in the process of the rapid manufacturing of a large number of motor vehicles at the above B offices.

(b) No person shall bury or incinerate wastes at a place other than those approved or reported for waste treatment facilities;

However, from October 5, 2015 to November 3, 2011 of the same year, the Defendant retired through a boiler for incineration purposes, not a waste disposal facility that reported waste generated from the same process as that of the preceding paragraph, at the places specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A written accusation;

1. Investigation report (Attachment to the official door, etc. sent to the suspect by Youngcheon-si and Daegu Regional Environmental Office);

1. Business registration certificate or trademark registration certificate;

1. Application of statutes on site photographs;

1. Article 58 subparag. 1 of the relevant Act and Articles 58 subparag. 1, 8(1) of the Noise and Vibration Control Act (the installation of non-reported noise emission facilities, the selection of fines), Article 66 subparag. 11, Article 29(2) of the Waste Management Act (the establishment of non-reported waste disposal facilities, the selection of fines), Article 63 subparag. 2, and Article 68(2) of the Waste Management Act (the fact of retirement of wastes at non-reported waste disposal facilities and fines) regarding criminal facts.

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