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(영문) 청주지방법원 영동지원 2014.01.13 2012고단369
폐기물관리법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to dispose of wastes shall ensure that wastes are not scattered or leaked in the course of collection, transportation, and storage so that the water is not leaked, and where the water therefrom is generated, he/she shall treat the water below the permissible emission levels, as prescribed by Ordinance of the Ministry of Environment, and transport the relevant wastes to any place other than a place where it can be properly disposed of, recycled, or stored, so that he/she may not pollute the surrounding environment by disposing of wastes in violation of the above standards

The Defendant is a representative and a business operator who leased and operated “D” in the Chungcheong-gun C, and, from October 1, 2012 to February 2, 2012, the Defendant, in the course of transporting and storing approximately 140 tons of wastes, such as plant residues and wastewater treatment sewage, generated from the said place of business, in the forest and field E in the Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the Defendant contaminated the surrounding environment by treating wastes so that the water can be leaked in the process of treating wastes and transporting wastes to a place other than a place where it can be properly stored.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect by the special judicial police officer against the accused;

1. Statement of the special judicial police officer with regard to F;

1. Each statement of G and H;

1. Report on the results of on-site verification by civil petition reports;

1. A written confirmation of violation;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Article 66 of the Wastes Control Act and Articles 66 and 13 (1) of the same Act and the selection of punishment for the crime;

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (i.e., the confession of a crime by the defendant and reflects his mistake, and the Defendant’s treatment of all site wastes after receiving a notification of waste treatment from the Rocheon-gun immediately after the instant case);

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