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(영문) 대전지방법원 2017.04.21 2016고단4417
폐기물관리법위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who engages in construction waste collection and transportation business as a substantial operator of B (C) and D (Representative: A).

A person who intends to dispose of wastes shall not transport wastes to any place other than a place where wastes can be properly disposed of, recycled, or stored, and no waste collection and transportation business entity shall transport construction wastes to any place other than a place where wastes can be properly treated or stored, and he/she shall obtain approval from the Mayor/Do Governor to dispose of, recycle, or store wastes in a place other than the above place, or to collect and transport construction wastes.

Nevertheless, the Defendant, on April 19, 2016, carried waste and construction waste at around 16:30, to load a vehicle owned by FG company from a person in the name in the Jung-gu Daejeon-gu, Daejeon-gu, not a place capable of properly disposing of or storing them, brought in one ton of the mixed wastes containing waste concrete, and temporarily stored them without approval from the Mayor/Do Governor to conduct the work of classifying them by nature. From February 2012 to April 19, 2016, the Defendant brought about approximately 82 tons of the mixed wastes containing waste concrete and miscellaneous wastes into a waste classification work and treated approximately 62 tons of them through waste classification work, and temporarily stored approximately 20 tons of them in the above place and contaminated the surrounding environment.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Investigation reports (on-site situations, etc.);

1. Details of photographing photographs around the place of business;

1. A receipt of waste import fee;

1. Application of Acts and subordinate statutes governing the storage of goods;

1. Article 66 subparagraph 1 of the Wastes Management Act, Article 13 (1) of the relevant Act on the facts constituting an offense, and subparagraph 2-2 of Article 63 and Article 13-1 of the Act on the Promotion of Recycling of Construction Wastes (a violation of the Act on the Promotion of Recycling of Construction Wastes);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The Criminal Act to attract a workhouse;

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