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(영문) 울산지방법원 2018.7.19.선고 2018고정471 판결

업무상과실선박전복,해양환경관리법위반

Cases

2018Gohap471 Violation of Occupational Negligence, Occupational Ship Transfer, Marine Environment Management Act

Defendant

A South 58. Symar

Prosecutor

Kim Jong-su (Court of Prosecution) and its financial resources (Court of Justice)

Imposition of Judgment

July 19, 2018

Text

Defendant shall be punished by a fine of 3,00,000 won.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

The Defendant is a person who goes on board the ○○○○ Ship Zhoon (39 tons) as a shipmaster.

1. Transfer of a ship by occupational negligence;

On December 14, 2017: around 00, the Defendant got on board the Zho Lake B with the head of the agency, and was engaged in preparatory work to open the Y-hoer Y-hoer on the neighboring sea of the ○○ Heavy Industries, located in Ulsan-gun. Not only did there have been high weather conditions, such as storming on the sea, with a strong wind, but also did not have a high risk of accidents, such as exposure cancer and liver cancer, and so on. In such cases, the Defendant, as the captain of the Z, has been negligent in spreading the 6th place of the Y-hoer clier clier c, which might occur in the course of the Y-hoering operation, but also did not use the Y-hoer clier c, which could occur in the course of the operation of the Y-hoer c, with the duty of care of care to prevent the spreading of the Y-hoer clier c from spreading.

2. Violation of the Marine Environment Management Act

In the above occupational negligence of the Defendant, approximately 960 litress were discharged to the sea, including light oil loaded in the Z as the Z was recovered. Accordingly, the Defendant, by negligence, discharged approximately KRW 960 litress, such as light oil, into the sea.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 189(2) and 187 of the Criminal Act (the occupation of a ship by occupational negligence) and Article 127 of the Marine Environment Management Act

Sub-paragraph 2, Article 22, Paragraph 1 (a) of the Act; Selection of each fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Song-young