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(영문) 대전지방법원 천안지원 2018.11.05 2018고단1262
물환경보전법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Some were revised to the extent that it does not harm the defendants' right of defense.

Defendant

A is the vice president of the defendant corporation B in South-dong-gu, Nam-gu, Seoul, and the defendant corporation B is a corporation with the purpose of manufacturing and selling food.

1. Defendant A business operator or any person who operates prevention facilities shall not discharge water pollutants from discharge facilities without flowing them into prevention facilities, or install facilities capable of discharging water pollutants without flowing them into prevention facilities;

Nevertheless, the Defendant, at around 09:00 on January 12, 2018, connected 20 minutes of the wastewater discharge process to the sprink in order to remove the snow that had been done on the preceding day at the above place of business, and operated approximately 20 minutes of the portable underwater pump (0.3HP) and discharged approximately 4 cubic meters of the infected wastewater into the spons at the entrance of the above place of business.

2. Defendant B, who is an employee of the Defendant, committed an act identical to that set forth in paragraph 1, thereby committing a violation regarding the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of public official in charge;

1. A certificate of violation and a report on the results of business trips;

1. Application of Acts and subordinate statutes on site before violation;

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

(a) Defendant A: Article 76 subparagraph 3 of the Water Environment Conservation Act and Article 38 (1) 1 of the Water Environment Conservation Act (excluding punishment);

(b) Defendant B: the main sentence of Article 81, Article 76 Subparag. 3, and Article 38(1)1 of the Water Environment Conservation Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The amount, time, circumstances leading to the commission of the crime, criminal records, etc. of wastewater, which has been discharged with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, shall be considered in light of each criminal litigation order.

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