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(영문) 창원지방법원 2020.12.09 2020고정649

해양환경관리법위반

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

No person shall discharge oil from a ship to the sea by negligence.

On July 3, 2020, the Defendant was on duty in the engine room B located at the fourth head of the Sungsan-si, Sungwon-si, Sungwon-si, Sungsan-si, Gandong, which was located in the Masan Port B and C’s crew for sand gathering and transport.

At the time, C was engaged in sand loading and unloading work in combination with B, and in the above loading and unloading work, C continued to use fuel oil from the loading and unloading machine, so the workers on the part of B in charge of the engine room frequently verified the amount of fuel oil used and transferred oil to C with the oil transfer pumps by operating the oil transfer pumps at hand, and the workers on duty had a duty of care to ensure that fuel oil is supplied excessively and discharged into the sea by checking or observing whether the oil is operated normally in the above pumps.

Nevertheless, the Defendant neglected such duty of care and operated the oil transfer pumps around 18:50 on July 3, 2020, and due to the failure of the head of the agency, the fact that the pumps are in operation following the head of the agency left the be forgotten area, and the excess supply of fuel oil through C service tanks around 18:56 on the same day, which led to the excessive supply of fuel oil and 35 liters of fuel oil to the sea.

Accordingly, the Defendant negligently discharged oil from a ship to the sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to notify the detection of ships violating the Marine Environment Management Act;

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 an offense;

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

1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order include a large amount of oil discharged into the sea or a large amount of oil leaked, but the defendant repents and reflects the defendant's mistake, and the defendant is allowed to leave the head of agency as a foreign seafarer.