업무상과실선박매몰등
Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is a person responsible for the operation and management of a ship as the captain of Busan Ship B (82.67 tons, tugboat).
A. At around 18:00 on December 11, 2012, the Defendant: (a) entered a tugboat loaded with approximately 1,000 scambs from scam to scam, and around 11:0 on December 12, 2012, around 11:0, the Defendant: (b) moored the barge at the port of Cheongdo-gun, Cheongdo-gun; (c) anchored the barge at a slope line; and (d) moored B at a slope line; and (d) moored B at the port of scam to scam, but, at the port of Kado-gun (scamed) mooring along with C, B moved scam to scam along with C; and (d) mooring only B’s players at the port of scam.
In order to ensure the safety of seafarers and ships, the Defendant, as a captain, constantly confirmed the direction of the depth and the steering gear, and neglected the duty of care to take safety measures, such as moving the ship in advance using adequate and useful means at the time.
On December 13, 2012, B 00:10 on December 13, 2012, B aft was her port to her port, and two persons, such as head D, etc., on the same day, were shed up and buried at her port.
B. The Defendant, in violation of the Marine Environment Management Act, buried B with the negligence described in the above paragraph (a) and contaminated the sea by discharging approximately 2,00 liters of fuel oil (miters-A) and approximately 400 litress of light oil, approximately 600 litres of waste oil, and approximately 3,000 litres of waste oil into the sea.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Report on the results of B marine pollution response;
1. Application of documentary evidence-related Acts and subordinate statutes to the B accident site;
1. Relevant legal provisions and Articles 189 (2) and 187 of the Criminal Act, the choice of punishment for the crime, and Articles 127 subparagraph 2 and 22 (1) of the Marine Environment Management Act (the point of discharging oil and the choice of fines);
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;