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(영문) 광주지방법원 해남지원 2015.06.18 2015고정7
해양환경관리법위반등
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 an employee of a vessel on board as the captain of a tugboat C (17 tons, a steel vessel) of a towing boat of petdo.

1. On May 4, 2014, no person violating the Marine Environment Management Act was allowed to release pollutants from a ship into the sea, but at around 12:00 on May 12:30, 2014, he stopped the position adjustment work of the air-going sand dredging land line using a ship from the weather rain at the port of Jindo-ri, Jindo-ri, Chungcheongnam-do-do-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-dong-do-do-do-do-do-do-do-do-do-

At around 14:30 on the same day due to the negligence of the defendant, C is sunken, and approximately 150 litress of light oil loaded in the fuel tank in the engine room were discharged at sea.

2. No shipowner, shipmaster, or ship's personnel who violates the Ship Safety Act shall use a ship for navigation exceeding the navigation area entered in a ship inspection certificate;

Nevertheless, at around 12:00 on May 4, 2014, the Defendant has been engaged in adjusting the location of sand dredged burging burgs at the Jindo-ri, Jindo-ri, Jindo-dong.

At around 13:30 on the same day, the ship was moved to the front wall of the water cohengn plant in the same military base, and used for navigation in the sea area, the navigation area of which is limited to 7:8 of flat water on the ship inspection certificate.

Summary of Evidence

1. Defendant's legal statement;

1. Each port of call, each port of call, and the notification of the occurrence of the sunken vessel in the port;

1. Evidentiary photographs;

1. A copy of a certificate of collection of pollutants and a certificate of calculation of leaked quantity;

1. Application of statutes on copies of ship inspection certificates;

1. Gross negligence on the inspection of the relevant legal provisions and Articles 127 subparag. 2 and 22(1) of the Marine Environment Management Act (the discharge of pollutants into the sea, the selection of fines), Articles 84(1)1 and 8(2) of the Ship Safety Act (the point of departure from the designated navigation area, the selection of fines).

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