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(영문) 대구지방법원 2019.03.05 2018고단5768
물환경보전법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of five million won for the defendant corporation B.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person operating a stock company B in Daegu Northern-gu C, and Defendant B filed a report on the installation of wastewater discharge facilities in the North-gu Office on September 18, 2015, as a corporation established for the purpose of manufacturing hydrotensions for agricultural machinery.

1. No business operator who has reported the installation of a wastewater discharge facility by Defendant A or any person who has operated prevention facilities shall discharge water pollutants from the discharge facilities without flowing them into prevention facilities, or install facilities capable of discharging water pollutants without flowing them into prevention facilities;

Nevertheless, at around 13:30 on September 12, 2018, the Defendant, while operating a wastewater discharge facility at the place of the foregoing joint stock company B, discharged wastewater 38.4L, which is “PH 11 (base concentration 5.8:8.6), chemical oxygen demand 373.4mg/L (base 130 below), and suspended suspended wastewater 38.4mm/L (base 120 below standard 5m/L (base 5) without flowing it into the preventive facilities in an excellent manner without flowing it into the preventive facilities.

2. Defendant B (Representative A) The Defendant, the representative director of the Defendant, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates of violations, on-site photographs, requests for examination of wastewater ingredients, and reports on installation of wastewater discharge facilities;

1. Application of Acts and subordinate statutes to the results of wastewater test;

1. Article 76 subparagraph 3 of Article 76 of the Water Environment Conservation Act and Article 38 (1) 1 of the Water Environment Conservation Act, and Article 81, Article 76 subparagraph 3 of the Water Environment Conservation Act, and Article 38 (1) 1 of the Act on Environment Conservation and Environment Conservation;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B Co., Ltd.: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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