Text
Defendant
A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is the captain of the fleet D(34 tons) of Incheon Metropolitan City Shipping, and the defendant B is the owner of the same ship.
1. Defendant A
A. On July 20, 2013, around 02:40 on the burial of a ship by occupational negligence, the construction of a new port breakwater was completed, and the Incheon City City Ship E (56 tons) was scheduled to leave the port to the Incheon Port, which was anchored at a port outside of the ledo.
In such cases, the defendant, who is engaged in the duties of the captain, has the duty of care required in the course of performing duties to stop the engine in advance prior to the towing of towing of E, so that the ability to engage in towing of towing does not go excessive, and even if the ability to engage in towing of towing is visible, he/she has the duty of care required in the course of performing duties so that D is not able to do so.
Nevertheless, if the defendant is under wind and tidal wave at D's port, he shall correct it so that he can be sub-shiped with E and a straight line. However, D shall be cut down to the left side of the level from E to 15 degrees, and when using a flat engine, if the clurbs do not fall at one time, he shall flurd the towing in the barge E, and flurbs the towing in the flure line (RPM 250) with the speed of 5 knots, even if the clurbs were closed.
In order to suspend engines due to occupational negligence, which tried to stop an engine immediately before the end of 70 meters of towing on deck, the engine was suspended, and the engine was completely sunken at around 04:07, after the engine was flooded without immediately leaving the engine. However, D's clurbane 5 seconds in order to stop the engine, but D's clurbane clurfys in excess of 5 seconds, continuing to be flurged by electric power, 70 meters in length connected to E, and D's 45 degrees in the left by using a slurgical and electric power engine, and continued to be restored, and the engine was flooded without restoring it.
B. The Defendant violated the Marine Environment Management Act: (a) the fuel oil, which was loaded in the engine room fuel tank by sinking D through occupational negligence as above; (b) the fuel oil which was loaded in the engine room.