logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2020.06.04 2019고단2077
폐기물관리법위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A is the representative of "C" that carries on construction business, such as removal works in Ansan-si B.

1. No person who has buried wastes without permission shall reclaim or incinerate wastes at a place other than any waste disposal facility permitted, approved, or reported;

Nevertheless, the Defendant brought about approximately KRW 200 tons of wastes generated during the process of removal works, etc. between B and May 9, 2019, into the said C site and buried them.

2. On June 18, 2019, the Defendant failed to comply with an order to take measures within a given period, even though he/she received an order to take measures to properly dispose of wastes buried without permission from Ansan City, a competent authority, by July 19, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the results of business trips at civil petition sites, reporting on the results of checking whether an order to take measures is implemented at the disposal site, reporting on the results of checking whether an order to take measures is implemented at the disposal site

1. Relevant legal provisions and Articles 63 subparagraph 2 and 8 (2) of the Wastes Control Act (the point of the reclamation of wastes), Article 65 subparagraph 23 and Article 48 of the Wastes Control Act (the point of failing to comply with the order to take measures), and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for each order of provisional payment are as follows: (a) the fact that illegal wastes with reason for sentencing under Article 334(1) have been disposed of in full after the crime, and the defendant has no record of being sentenced to punishment exceeding the same kind of crime or fine; and (b) other various conditions of sentencing including the defendant’s age, character and conduct, environment

arrow