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(영문) 인천지방법원 2021.01.21 2020고정717
하수도법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a livestock product processing business under the trade name of “C” in Seo-gu Incheon.

1. When a Metropolitan Autonomous City Mayor, a Special Self-Governing Mayor, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems that a personal sewage treatment facility is installed, operated, or managed not in compliance with the standards for effluent water quality, he/she may issue an improvement order to the owner or manager thereof for a fixed period, as prescribed by Presidential Decree, and the person who has received such improvement order shall report such fact to the Metropolitan Autonomous City Mayor, etc.

On January 16, 2019, the Defendant received an improvement order for personal sewage treatment facilities from the head of Seo-gu Incheon Metropolitan City in accordance with the water quality standards for discharged water from the above “C” around January 16, 2019.

Nevertheless, the defendant did not comply with the improvement order for the individual sewage treatment facilities without justifiable reasons.

2. The owner or manager of a private sewage treatment facility shall not discharge wastewater generated from a building or any similar facility without flowing such wastewater into a private sewage treatment facility;

Nevertheless, at around 14:40 on August 20, 2019, the Defendant discharged wastewater in a manner that does not flow wastewater generated from the manufacturing process of food into a private sewage treatment facility, but discharges wastewater into a place of business outside the place of business after going into the floor of the sewage treatment facility.

Summary of Evidence

The police suspect interrogation protocol against the accused;

1. A complaint for a violation of sewerage law;

1. A public official's statement and a business trip report;

1. Accusation a person who violates the Sewerage Act, such as a copy of a public document providing an opportunity to state his/her opinion, such as an order to improve the pollution level of water

1. A written confirmation of detection and the application of statutes governing field photographs;

1. Article 77 subparag. 7 of the Act and Article 39 subparag. 1, Article 77 subparag. 8, and Article 40 of the Act concerning facts constituting an offense.

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