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(영문) 인천지방법원 부천지원 2020.06.18 2020고정202
폐기물관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a waste treatment business operator who engages in the business of collecting, transporting, and recycling commercial wastes, such as waste synthetic resin, in Kimpo-si B.

Any person who intends to engage in business of collecting, transporting, recycling, or disposing of wastes shall submit a waste treatment business plan to the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment, and shall obtain permission from the Mayor/Do Governor for each type of business, wastes subject to business, and waste treatment, equipped with facilities, equipment and technical capability

Nevertheless, from the beginning of March 2018 to August 28, 2019, the Defendant collected, transported, and loaded approximately 15t of waste synthetic resin from the place of business located in Kimpo-si to the seat of B in Kimpo-si, and operated waste disposal business (collection and transportation business) without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of reference witnesses;

1. A certificate of violation;

1. Application of Acts and subordinate statutes governing field inspection photographs;

1. Article 64 subparagraph 5 of the Wastes Control Act, Articles 25 (3) and 25 (3) of the Act on the Punishment, etc. of Specific Crimes and Selection of Punishment, etc.;

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

1. The punishment shall be determined in consideration of all the sentencing conditions shown in the pleadings of the instant case, including the fact that there are records of the same crime, such as the suspension of the execution of reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the age, character and conduct, the environment and circumstances of the crime

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