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(영문) 대구지방법원 포항지원 2019.01.16 2018고단1471
수질및수생태계보전에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person in charge of the maintenance and management of automatic water quality measuring devices at the C public sewage treatment plant located in Northern-gu B at port.

Any business operator running measuring instruments, etc. shall be prohibited from performing any act of preventing normal measurement when operating measuring instruments.

Nevertheless, at around 16:30 on December 17, 2017, the Defendant increased the concentration of floating materials of the water discharged from a public sewage treatment plant. At around 17:15 on the same day, the Defendant arbitrarily opened a drum valve in the forepart of the water quality measuring device sample collection manufacturing to prevent discharged water from flowing into the water collection device, and caused water quality measurement to be conducted in the state where discharged water flows, so that the water quality measurement of an automatic measuring device is not conducted in a normal manner.

Summary of Evidence

1. Defendant's legal statement;

1. Request for investigation (portC) due to a violation of the Water Quality and Aquatic Ecosystem Conservation Act-written request for investigation (port public sewage treatment plants) - written confirmation of violation - Business registration certificate- business registration certificate - fact verification-written confirmation-written confirmation-probspon team's work division, water quality TPP access management regulations, and technical education for 2017 in Yong-Namnam-west Water Quality Tmsp site inspection [Korea Environment Corporation], technical education for 16 years, and written confirmation of 17 years in 2017 / [Korea Environment Corporation], photographs related to Csewage treatment facilities, investigation reports (written hearing reports by public officials in charge of water Tmmmms), standards for imposition of fines for negligence - report on public sewage treatment facilities (written hearing reports by the Korea Environment Corporation), water pollution test standards, written statements, automatic measuring (mmsmsss from corporations), photographs, and application of statutes to the Korea Environment Corporation

1. Article 76 subparagraph 5 of the Act on the Conservation of Water Quality and Aquatic Ecosystem (Act No. 14490, Dec. 27, 2016) and Article 38-3 (1) 1 of the same Act concerning facts constituting an offense;

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

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