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(영문) 춘천지방법원 속초지원 2014.06.18 2014고정55
해양환경관리법위반
Text

Defendant shall be punished by a fine of three million won.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The Defendant is a juristic person established to operate B (1,510 tons) a motor vehicle transport vessel, and C is a person who, from the early port of the territory of the Republic of Korea, goes on board as B2 engineer, a motor vehicle transport vessel B, which exports used cars to the Port of Rusradidix.

C around 12:00 on January 12, 2014, in order to use fuel oil (MGO) remaining in the f.O. drick tank located in B mooring at the 14-line wharf of the Seocho-si, Seocho-si, Seocho-si, Sin-si, Sin-si, as an engine oil, was transferred to F.O. service tank.

In such cases, there is a duty of care to prevent the transfer of fuel oil when the transport of fuel oil is conducted, such as checking whether there is a risk that the residual quantity of fuel oil remains in the ‘F.O. service tank' before transferring fuel oil (MGO).

Nevertheless, as a person in charge of the transport of fuel oil, C does not confirm whether fuel oil remains in the F.O. service tank prior to the transport of fuel oil and there is a concern about over over over the transfer of fuel oil, and as a result, C transferred fuel oil (MGO) to 'F.O. service tank' and 'F.O. service tank' and 'MGO' passed over the flow of fuel oil (MGO) through EF.O. service tank 'in-house fish event', and 11 liter of fuel oil (MGO) passed over the sea through the discharge outlet through the discharge outlet at the port of on-line deck, contaminated the sea within a range of about 250 meters in length and about 10 meters in width.

The Defendant committed such a violation as above with respect to C’s business at the same time and place.

Summary of Evidence

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

1. List of seafarers;

1. Course drawings for discharging fuel oil into the sea;

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

1. Article 130, subparagraph 2 of Article 127, or Article 22 (1) of the Marine Environment Management Act concerning facts constituting an offense;

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

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