(영문) 부산지방법원 2020.02.12 2019고정1449

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.02.12 2019고정1449

해양환경관리법위반

Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. No person who accused A shall discharge oil which is a pollutant from a ship into the sea by negligence;

Although the captain of C (82 tons), which is an oil tanker in Busan, has a duty of care to exercise overall control over maintenance and repair of the ship, and in particular, to regularly check whether the player's warehouse and the outer plate are corrosioned and prevent cracks occur, the defendant was negligent in not ascertaining whether the inside of the ship is corrosiond inside the deck and whether or not the hull is corrosiond inside the warehouse, and without checking whether or not the outside hull is ruptured, and at the bottom of C (5cm x 0.1cc x 0.1cc.) in front of the fore part of the fore part of the fore part of the fore part of the fore part of the Busan, Dong-dong-dong, Busan, and at the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the ship, and the fore part of the fore part of the fore part of the fore part of the fore part of the ship.

2. Defendant B, a Defendant’s employee, committed a violation as described in paragraph (1) in relation to the Defendant Company’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Notification of detection of ships violating the Marine Environment Management Act, and report on the detection and completion of pollution response;

1. A report on analysis of ingredients of oil;

1. Application of statutes on business registration certificates;

1. Article 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) of the Act on the Management of Marine Environment (Selection of Fines): Articles 130, 127 subparagraph 2 of the Marine Environment Management Act, and Article 22 (1) of the Act on the Management of Marine Environment;

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

1. Article 334 (1) of the Criminal Procedure Act:

참조조문

유사 판례

-울산지방법원 2014.07.03 2014고단1217

-전주지방법원 군산지원 2015.09.25 2015고정241

-대전지방법원 서산지원 2015.10.07 2015고정130

-대전지방법원 서산지원 2014.09.16 2013고정176

-부산지방법원 2014.07.24 2014고정1329