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(영문) 부산지방법원 동부지원 2017.08.23 2017고단1208
업무상과실선박전복등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of the ship B (171 ton), a towing vessel owned by modern marine transportation (state).

1. On September 6, 2016, the Defendant, at around 04:45, 201, operated the above B at the wharf of the same raw material that was Manyang-do, Namyang-do, Jeonyang-do, and started navigation to the Incheon Port, under the towing order of C (3,023 tons) with a load carrying 20 liters and waste (slgs) 6,662 tons on board.

In such a case, the Defendant had a duty of care to closely check the cargo status loaded on the barge before departure as the captain of the tugboat, close the cargo partitions door of the barge, check the draft water, etc. from time to time, and prevent the possibility of sea water being flow into the hull due to waves and storms during navigation, etc., and safely tow the barge to the port for the purpose of safe towing.

Nevertheless, the defendant neglected this and did not close the cargo partitions door of the above barge the cargo loaded on the cargo and did not check the draft water of the barge the sea water flown.

As a result, the Defendant, at around 16:30 on the same day by negligence in the above job-related duties, moved a barge on board D while the crew D gradually gets back to the sea at the port of the hull of the said barge, where the cargo partitions door was opened at approximately 5.5 Eth day from the Jung-gun, Goung-gun, Goung-gun, Nam-do.

B. The Defendant violated the Marine Environment Management Act at the above date, time, and place, as mentioned above, discharged approximately 200 litress and approximately 6,662 metric tons of waste (slurg) on the sea, which is a pollutant loaded in C, which is the father line C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with D or E;

1. Application of the Acts and subordinate statutes governing photographs with the face of a barge;

1. Article 189(2) and Article 187 of the Criminal Act, Article 127 subparag. 2 and Article 22 subparag. 1 of the Marine Environment Management Act, Article 128 subparag. 1 and Article 22 subparag. 1 of the Marine Environment Management Act, Article 128 subparag. 1 of the Marine Environment Management Act, and Article 22 subparag. 1 of the same Act, concerning facts constituting an offense.

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