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(영문) 수원지방법원 2017.04.20 2017고단905
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who engages in waste collection and transportation business under the trade name of "C" from the wife population B.

No person shall dump wastes in any place other than those prepared by a Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, the head of a Si/Gun/Gu, or a park or road manager

The Defendant (State) was requested to treat “inorganic sludge,” which is a commercial waste generated in the course of treating wastewater generated in the course of the production of aggregate from D, as a mixture of “inorganic sludge,” which is a general soil and sand, and 50:50, and as a result, to treat the waste as farmland banking in the disposal population E at the time of the report on waste disposal

Nevertheless, the Defendant without permission, on January 10, 2017, dumped in the G and G Class 2,00 tons in the wife population F, G, and 1,500 tons in the wife population H level in Tae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation following a violation of the Waste Management Act;

1. A written statement;

1. Application of Acts and subordinate statutes to a contract for transportation of earth and sand and a certificate of reporting on disposal of wastes;

1. Article 63 of the relevant Act and Articles 63 subparagraph 1 and 8 (1) of the Waste Management Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant buried wastes in a place different from the place stated in the waste disposal report to cause the environmental hazard.

However, the defendant seems to be temporarily placed in different places from the reported place due to the difficulty in transportation as a waste disposal business operator.

The defendant legally treated wastes in the way of recycling the inorganic sludge loaded in accordance with the order of the administrative agency to take measures, mixed with general earth and sand, for the purpose of raising farmland.

Considering the nature and period of unauthorized waste waste, the impact of the defendant on the environment is significant.

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