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(영문) 제주지방법원 2014.03.26 2014고정68
해양환경관리법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person working as the head of Busan 44 tons fleet B.

At around 12:30 on September 30, 2012, the Defendant, at the construction site of Jeju-dong steel farm, was engaged in the transfer of service tanks, mits, mits, and oil from the main fuel tank B.

In such cases, the defendant has a duty of care to prevent the oil from being discharged into the sea by suspending fuel pumps before the quantity of the transferred fuel exceeds the service tank capacity after confirming the quantity transferred to the service tank, and the quantity of the transferred fuel exceeds the service tank capacity.

Nevertheless, the Defendant neglected to perform his duties and thereby discharged 4 liters of oil being transferred to a service tank throughout the air set, thereby discharging it out of the sea.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of detection of a vessel in violation of the Marine Management Act (B), detection of a vessel in violation of the Marine Management Act, and reporting of the completion of pollution response;

1. Application of photographic Acts and subordinate statutes related to marine pollution;

1. Article 127 of the relevant Act and Articles 127 and 22 (1) of the Marine Environment Management Act concerning the selection of criminal facts;

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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