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(영문) 인천지방법원 부천지원 2016.11.24 2016고정1312
화학물질관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a hazardous chemical business operator who sells hazardous chemicals in Yeongdeungpo-gu Seoul Metropolitan Government C.

1. No person, other than a hazardous chemical supervisor in violation of the Chemicals Control Act or a person who has received education on the safety of hazardous chemicals, shall transport hazardous chemicals;

Although the Defendant was not a hazardous chemical supervisor or a person who received safety education on hazardous chemicals around 12:00 on August 6, 2016, the Defendant did not comply with the standards for handling hazardous chemicals by transporting Trichloroethylene from the above C to the Busan City of Gyeonggi-do.

2. Any person who handles toxic chemicals violating the Chemicals Control Act concerning non-labeling of toxic chemicals shall affix a label on the containers or packages of the relevant toxic chemicals, such as the name, picture characters, signal terms, and phrases of harmfulness and danger;

Nevertheless, the Defendant, at the time and time specified in paragraph (1), loaded and transported the drum ethyl ethylene in the E-1 ton of cargo from Yeongdeungpo-gu Seoul Metropolitan Government to Seocheon-si D, and did not indicate hazardous chemicals.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to hear statements from shots);

1. Certificates of registration for the business of selling poisonous substances or certificates of completion of education of the manager of harmful chemical substances, and data related to Trichloroethylene;

1. Application of each statute on photographs;

1. Relevant Articles 59 and 59 subparagraph 1 of the Chemicals Control Act, Article 13 subparagraph 5 ( points of non-compliance with the standards for handling hazardous chemicals), Article 59 subparagraph 4 of the Chemicals Control Act, Article 16 (1) of the Chemicals Control Act ( points of non-compliance with the standards for handling hazardous chemicals), and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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