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(영문) 수원지방법원 2018.06.07 2018고정395
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A waste treatment business entity of 2018, 395, shall keep wastes in an appropriate place, such as storage facilities in the permitted place of business, temporary storage facilities approved, etc., as prescribed by Ordinance of the Ministry of Environment.

Nevertheless, the Defendant operated C with the permission for waste collection and transportation business only from the chemical market, and stored waste of 400 tons from the above C’s night site without obtaining approval for storage facilities from February 3, 2016 to March 27, 2018 (waste synthetic resin, waste fiber, waste synthetic rubber, etc.) in the above C’s night site.

Defendant A of the 2018 Highly 808, is a person operating C (highly).

On January 2, 2018, the Defendant received an order to dispose of wastes from a place of business (such as waste synthetic resin, waste fiber, waste synthetic rubber, etc.) stored in C, which is commercialized from the chemical market, by January 2, 2018, by January 31, 2018.

Nevertheless, the defendant did not comply with the above waste disposal order.

Summary of Evidence

[2018 High 395]

1. Statement by the defendant in court;

1. A written accusation;

1. - A written statement;

1. - A certificate.

1. - On-site photographs.

1. - Business registration certificate - 2018 high class 808;

1. Statement by the defendant in court;

1. Written statements;

1. A written accusation;

1. Administrative dispositions and orders for disposal in violation of the Wastes Control Act;

1. Application of Acts and subordinate statutes on business tripss, field photographs;

1. Selection of each fine for a crime under Article 66 subparagraph 9 of the relevant Act, Article 25 (9) 1 (the point of storage of wastes in an unregistered facility), Article 65 (21), and Article 39-3 (the point of non-performance of an order to dispose of wastes) of the Wastes Control Act, and the selection of fines for the crime;

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

1. In light of the circumstances, such as the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order does not specify the quantity of wastes stored in the open space, which is not a legitimate storage facility, and the period of the offense has considerably long, and that the Defendant did not comply with the order issued by the competent authorities to dispose of wastes until now, the Defendant is subject to such unfavorable circumstances.

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