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(영문) 수원지방법원 2017.05.11 2016노5064
수질및수생태계보전에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the other third Deputy Commissioner, who is responsible for mistake, does not regard wastewater containing harmful substances of water quality or heavy metal as a facility that discharges wastewater with a maximum amount of wastewater exceeding 100 L/C per day, so that the report is made only when the maximum amount of wastewater per day is more than 100 L/C (0.1 cubic meters). The same standard is applicable to the Defendant’s facilities. The Defendant is merely a vehicle with a maximum of 1-2 vehicles per day, and the maximum daily wastewater per day does not exceed 100 L.

Nevertheless, the judgment of the court below which found the defendant guilty of the defendant as the facilities that discharge wastewater containing harmful substances to water quality and heavy metals with the specific water quality, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the lower court found the following: (a) on December 11, 2015, using the facilities installed by the Defendant in his/her place of business, the rent of a motor vehicle was controlled by the river management and public officials in Sungnam-si; and (b) the said public officials collected samples from the said facilities at the time; (c) as a result of the inspection conducted by the Gyeonggi-do Health and Environment Research Institute, specific water harmful substances and heavy metals were detected in excess of the applicable standards for discharging wastewater harmful to water quality under the Enforcement Rule of the Act on the Conservation of Water Quality and Aquatic Villages; (c) the Defendant set three vehicles on October 31, 2015 while carrying out the rent of a motor vehicle; and (d) the occurrence of wastewater with approximately eightL in order to rent a vehicle on a large scale; and (e) comprehensively taking into account the foregoing, the installation of the facilities installed by the Defendant is one of the facilities that discharges wastewater with the maximum volume of 10 days or more.

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