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(영문) 창원지방법원 밀양지원 2017.06.15 2017고정33
수질및수생태계보전에관한법률위반
Text

Defendants shall be punished by fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. On January 2, 2017, Defendant A, at around 06:30, was engaged in the transfer of oil stored in the storage facilities from “D” located in “D” to a vehicle for transport through a main abandonment.

At the time, there was a concern that oil could be leaked during the transport due to the deterioration of the oil, and the home was sold to prevent oil leakage on the neighboring floor of the main abandoned, so that the person doing the transfer work is required to stop the vehicle inside the above home and observe the transfer process from the main abandoned side. If the oil is leaked, there was a duty of care to immediately suspend the operation of the main abandoned and prevent oil leakage.

Nevertheless, the defendant did not park the above transport vehicle in the home for the prevention of oil leakage, and instead carried about about 60 litress of oil such as transporting more than the storage capacity of the transport vehicle by negligence, without parking it in the home for the prevention of oil leakage.

2. Defendant B, who is an employee of the Defendant, committed the above violation in relation to the Defendant’s duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of statutes on field photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Subparagraph 2 of Article 78 of the Water Quality and Water Quality Conservation Act and Article 15(1)1 of the Act on the Conservation of Water Quality and A, and the selection of fines;

B. Defendant B: Articles 81, 78 Subparag. 2, and 15(1)1 of the Water Quality and Water Quality Conservation Act; selection of fines

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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