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

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

Punishment of the crime

No person shall discharge oil from ships or marine facilities into the sea by negligence.

On January 11, 2017, the Defendant, as the owner and captain of a view fishing vessel (4.68 tons) and a view fishing vessel (the captain) of female water, was mooring the above C on the front wharf cancer wall at around 17:00 at around 17:00.

In such cases, the captain has a duty of care to prevent flooding while the fishing vessel is pushed down with the wharf wall due to the difference between tides and the wind, etc.

Nevertheless, the defendant neglected the mooring of the above fishing vessel on January 12, 2017 due to the difference between around 05:00 and around 05:00 on January 12, 2017, which caused the hull of the above C to be flowed away to the sea through air emission outlet when the ship's hull was loaded on the port and was flooded.

Accordingly, the defendant caused oil from the ship to the ocean by negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the public notice of ships violating the Environmental Management Act (such as related photographs);

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

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

1. The negligence of the defendant on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) in the order of provisional payment

The punishment as ordered shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the fact that the leaked oil is collected, the fact that there is no previous conviction, the fact that it is against the defendant's age, sex, family relationship, environment, circumstances, results of the crime, etc., and the circumstances after the crime.