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(영문) 부산지방법원 2013.04.15 2013고정132
해양환경관리법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an owner who manages and operates the Busan Coast Dried Vessel C (155t) which is permanently anchored in front of the five parts of the Busan East-dong Busan Port: Provided, That in the event of a wind wave, such as a typhoon, the Defendant is obligated to conduct a ship inspection in order to prevent this from spreading oil mixtures in his/her ship, which is being stored in his/her ship. Thus, the Defendant is obligated to conduct a ship inspection and take necessary measures, such as attaching rubber fences.

Nevertheless, on August 11, 2012, the Defendant neglected to conduct a ship inspection and did not perform a ship inspection, and caused 150-liters of oily mixtures, which were stored in C, before the 5 father of Busan Northern Port 5, to flow out to the sea due to tank wave, and contaminated the sea equivalent to 400 m2 (4 x 100) square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Each accompanying document of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to notify the confirmation of flood ships, reporting on the results of flooding ships, reporting on the occurrence of marine pollution and the completion of pollution response, 12 copies of relevant 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 an offense;

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

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

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