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(영문) 광주지방법원 해남지원 2014.07.16 2014고정54
해양환경관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the actual owner and captain of a charter fishing boat B (9.77 tons) on duty.

No person shall discharge pollutants from ships into the sea.

On February 23, 2014, at around 17:00, the Defendant sent B to the inner wall of the breakwater of the Southerndo-do-Eup of Ydo-do-do-do.

In such cases, the captain has the duty of care to connect the mooring between the ship and the landing facilities in consideration of weather conditions and the difference between tides, and to frequently check the landing status of the ship and ensure the safety of the ship.

Nevertheless, on March 4, 2014, at around 07:45, the Defendant: (a) caused by the difference between tide B while mooring at the same place, the fore part of the fore part of the fore part of the fore part of the breakwater to be covered by the sea by the negligence that did not discover the flow of sea water into the ship and did not take any measures; (b) caused the sinking of B to the sea by the negligence that was loaded in the fuel tank and caused the contamination of the surrounding marine environment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the calculation of B leakage volume;

1. B Ship inquiry report;

1. Application of the Acts and subordinate statutes related to the sunken ship B;

1. Article 127 of the relevant Act and Articles 127 and 22 (1) of the Marine Environment Management Act concerning the selection of criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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