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(영문) 광주지방법원 순천지원 2014.09.24 2014고정357
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 the lessee of B (20 tons) of the shipping plantation B at the time of the occination.

On February 2, 2012, the Defendant anchored the above fishing vessel at the front of the crew center in the port of the Dong at the time of the end of February 2012.

Since there is a large difference between them, a person who manages a fishing vessel has a duty of care to safely manage the fishing vessel so that the vessel does not be sunken due to the difference between tide and tidal water from time to time after checking the anchoring state of the fishing vessel.

Nevertheless, the Defendant neglected to anchor the above fishing vessel on January 1, 2013, due to the difference between 20:25 early January 201, 2013, the Defendant sunken the vessel's player suffering from the end of the landing, and caused approximately 40 liter of the above vessel's engine to be discharged at sea.

Accordingly, the Defendant negligently discharged oil from a ship to the sea.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a flood disaster, a situation report (report on the occurrence of a flood disaster and the results of measures taken), or the police transfer (report on the confirmation of marine pollution and the results of measures taken related to an instruction for pollution response);

1. Application of Acts and subordinate statutes to a investigation report (as to the confirmation of a person responsible for management at the time of accident);

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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