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(영문) 대전지방법원 서산지원 2017.04.20 2017고정51
하수도법위반
Text

1. The sentence against the accused shall be 2,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the owner of a detached house in C at the time of the truth.

A person who intends to install a private sewage treatment facility shall install sewage pipelines in compliance with the standards prescribed by Presidential Decree, such as closing, preventing reflows and water leakages, and the Special Self-Governing City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province, or head of a Si/Gun/Gu, where the private sewage treatment facility is deemed installed, operated, or managed in a manner that fails to meet the standards for effluent water quality or the standards for the installation thereof, he/she may issue an order for improvement to the owner or manager thereof for a fixed period

As pipelines connected to a private sewage treatment facility (a separate septic tank) are damaged in a water-type toilet of the above detached house, the defendant did not comply with the order of improvement of the relevant facility without justifiable grounds even though he/she received an order of improvement from the Jinjin market around October 19, 2016 to November 21, 2016 as the excreta generated from the above toilet flows out to the outside.

Summary of Evidence

1. Written accusation of the truth-finding market and accompanying documents;

1. A written order for administrative disposition;

1. The land ledger, general building ledger, and the defendant's denial of this case, but according to the evidence above, the defendant can be found to be the non-performance of the improvement order, and the facts of the crime are recognized.

We cannot accept the Defendant’s argument

Application of Statutes

1. Relevant Article of the Act and Articles 77 subparagraph 8 and 40 (2) of the Act, the selection of fines for criminal facts, and the selective sewerage system;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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