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(영문) 대전지방법원 2018.10.19 2017고단217
건설폐기물의재활용촉진에관한법률위반
Text

Defendant

A Imprisonment for 10 months, Defendant B and Defendant C shall be punished by a fine of 10,00,000 won.

Reasons

Punishment of the crime

Defendant

A is Defendant B Co., Ltd. established for the purpose of collecting and transporting construction wastes in Seo-gu Daejeon, and Defendant C Co., Ltd. established for the same purpose, and persons who actually operate “G” established for the purpose of scrap metal, scrap metal, recycling, removal, etc. in Daejeon-gu E and F.

1. No collection and transportation business entity of construction wastes of Defendant A shall transport construction wastes to any place other than a place where they can be properly treated or stored;

Nevertheless, on July 22, 2016, the Defendant: (a) ordered H (the suspension of indictment on the same day) a borrower of B’s land (the same day) to transport 2.5 tons of mixed construction wastes, such as the species of waste glass species, etc., generated at the removal site where it is impossible to identify the surrounding place; (b) from November 8, 201 to July 22, 2016, the Defendant arbitrarily treated construction wastes of KRW 1,362,421,476 in total at the market price; and (c) generated flying dust in neighboring areas by transporting 4,281 tons of construction wastes of KRW 1,362,421,47; and (d) the soil contamination level of the said G site, the land category of which is an orchard, exceeds 581km/104km/40g/50g/40g (TPH value); and (d) the standard value per 504m/50g/40g (40g).

Accordingly, the defendant has contaminated the surrounding environment by transporting construction wastes to a place other than a place where construction wastes can be properly treated or stored.

2. Defendant B, at the same time and place as described in paragraph 1, and at the same time and place, Defendant B contaminated the surrounding environment by transporting construction wastes to a place other than a place where construction wastes can be properly treated or stored, as described in paragraph 1 (6) (681,210,738 (2,140 tons of construction wastes equivalent to the market price).

3. Defendant C Co., Ltd. is the same date, time, place as described in paragraph 1, and the above A.

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