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(영문) 창원지방법원 마산지원 2017.03.17 2017고정109

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 a person who served as the head of the agency of the cargo ship B (3,652 tons) in microfics and manages the ship's engine and machinery and engages in the business of supply and demand of oil of the ship.

No person shall discharge pollutants from a ship.

On November 18, 2016, the Defendant was supplied with fuel oil (Fix 35-02.57N 128-34.67E) from the Busan oil tanker C (141 to the Busan oil tanker) in the sense that Fix 35-07 N. 128-34.67E. (F-x 10,000 liter, MF-30 liter 20,000 liter) was supplied to the Defendant.

In such cases, there was a duty of care to confirm whether fuel oil supplied with high pressure from oil tankers is in normal condition, and to check whether fuel oil flows out by high pressure, and to check whether fuel oil flows out by high pressure, if fuel oil flows out above the sea, which is installed so that fuel oil flows out at sea.

Nevertheless, the Defendant neglected to do so and did not see the sporespores connected to the current fuel tank only through snow, and did not verify whether the spores have been properly locked, and did not confirm the spores having holes.

In this way, the MaF-30 liter exceeded the flow of fuel MF-30 liter at the tepool-fol which is connected to the current fuel oil tank that was not properly locked due to the negligence of the defendant, and the hole flows out from B deck at the string string, and the MaF-30 liter 2 liter was leaked into the sea and contaminated the surrounding sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Situation report;

1. Application of statutes on site photographs;

1. Article 127 subparagraph 2 of the relevant Act and Articles 22 (1) of the Management of the Marine Environment by which punishment is selected for facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;