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(영문) 부산지방법원 2017.12.13 2017고정1534

해양환경관리법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the shipper of Busan Shipping C(72 tons).

No one shall discharge pollutants from a ship into the sea.

On February 13, 2017, at around 11:10, the Defendant: (a) was mooring the said vessel on the mooring yard of a small-sized vessel mooring at the Busan Young-gu Busan Young-do, Busan, for the waiting for anchor; (b) was negligent in neglecting the duty of care to manage the vessel well in advance so that oil does not leak into the sea, etc. due to waves, corrosion, corrosion, etc. on the fuel tank; (c) by failing to perform the duty of care to manage the vessel in advance; (d) by failing to perform the duty of care; and (e) by failing to perform the duty of care, approximately 0.5 litres from the fuel tank to the rest of the toilet line of the fuel tank.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of a person who violates the Marine Environment Management Act;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Article 127 subparagraph 2 of the relevant Act and Articles 127 and 22 (1) of the Marine Environment Management Act, the selection of fines concerning facts constituting a crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act for the provisional payment order are aged, the Defendant has endeavored to prevent the spread of oil, and the circumstances constituting the conditions for sentencing, such as character, environment, motive, means and consequence of the Defendant’s crime, etc., shall be considered comprehensively, and the punishment shall be mitigated than the summary order.