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(영문) 창원지방법원 2017.01.19 2016고정1173
해양환경관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall discharge pollutants from a ship into the sea.

Nevertheless, at around 10:00 on October 5, 2016, the Defendant flowed up at the sea at the 2000 B, the transportation unit located in the Haakdong-gu, Haakdong-gu, Haakwon-si, and flowed to the sea approximately 400 litress for ships, which were flooded and sunken by strong wind and waves, due to the negligence of neglecting safety measures against typhoons, such as vessel shock prevention measures, ship exhausting facilities, inspection of engine room fuel tank storage facilities, and locking measures, etc., which were loaded in the oil tank in B’s engine room.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection of ships in violation of the Marine Environment Management Act, completion of pollution response and report on detection;

1. Application of statutes on site photographs;

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 a crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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