A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is a person who has no fixed occupation.

In order to collect wastes and transport them to recycling or disposal place, or to collect and transport wastes to export them, the competent authorities shall obtain permission for the waste disposal business from the competent authorities.

Nevertheless, from January 2019 to June 13, 2019, the Defendant collected and transported approximately KRW 40 tons of construction waste from around 400 to around 400 tons of construction waste generated at the construction site (mix waste), such as Pocheon, Pocheon, Ducheon, and Yangju, from January 1, 2019 to June 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. A certificate;

1. Inspection of the register of motor vehicles:

1. Application of Acts and subordinate statutes to on-site photographs, investigation reports (verification of the same kind of power);

1. Article 64 of the relevant Act concerning facts constituting an offense, subparagraph 5 of Article 64 of the Waste Management Act and Article 25 (3) of the Act on the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is not likely to be a crime of running a waste disposal business without permission in violation of the purpose of legislation of the Wastes Control Act with a view to properly treating wastes and contributing to the preservation of environment and the qualitative improvement of people's lives. It is not good that the period is not shorter than five months, and the quantity of wastes collected, transported, and stored is not much good.

Although the Defendant had been punished by a fine of KRW 3 million on August 1, 2017 due to a violation of the Wastes Control Act, which collected and transported wastes without obtaining a license for the waste disposal business from August 2005 to March 6, 2017, the Defendant committed the instant crime of the same kind of crime (the Defendant’s intent is sufficiently recognized in light of the same criminal records as above). Moreover, the Defendant needs to prevent re-offending through a strict punishment consistent with the criminal liability.

However, the defendant's 40 tons of wastes are weak.