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(영문) 대전지방법원 논산지원 2018.01.16 2017고정189
수질및수생태계보전에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is in charge of preventing waste water discharge such as facility management of waste water in corporation B, and the corporation B (representative C) is a corporation established for the purpose of wholesale and retail business of agricultural and fishery products in corporation D in the Ysan-si.

No business operator or any person who operates prevention facilities shall discharge water pollutants exceeding the permissible emission levels (no more than 80mg/L of biochemical oxygen demand and no more than 90mg/L of chemical oxygen demand) due to the failure to normally operate emission facilities and prevention facilities without justifiable grounds.

Nevertheless, on May 17, 2017, the Defendant discharged wastewater in excess of the permissible emission level since the Defendant failed to normally operate preventive facilities by setting the electric line of the wastewater treatment facilities at the above factory B around 13:00, on the ground that the wastewater discharge quantity is not much higher than that of the wastewater treatment facilities. Thus, the Defendant discharged wastewater in excess of the permissible emission level (biological oxygen demand 812mg/L, chemical oxygen demand 565.1mg/L) into neighboring agricultural waterways.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Test results;

1. Application of Acts and subordinate statutes on photographed site;

1. Article 76 of the relevant Act and Article 76 subparagraph 3 of the Act on the Preparation and Preservation of Water Quality and Livelihood for the Crime, and Articles 38 (1) 4 and 38 (1) of the Act on the Selection of Fine for the Crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not include a large amount of waste discharged illegally by the defendant for the reason of sentencing of the provisional payment order. However, considering the fact that the defendant was punished only four days after he entered the company where he did not receive education on the treatment of wastewater, management of facilities, etc., the punishment shall be partially reduced as ordered by the summary order.

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