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(영문) 대전지방법원 서산지원 2020.01.09 2019고정252
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

The defendant is a person engaged in the management and operation of the machinery and equipment of a ship to the head of Taean-gun Coastal Coastal Fishing Vessels B (75 tons, fishing vessel numbers: C).

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

At around 16:10 on April 6, 2019, the Defendant operated a hydrotension pumps for transport at the stem decks of the above fishing vessel anchored at the wharf in front of the E-fishery product sales shop in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

In such cases, any person who is engaged in the business of operating the hydrotension pumps has a duty of care to check the side of the hydrotension pumps in advance to check the state of hydrotension oil leakage and keep the control equipment against hydrotension outflow in the vicinity of the hydrotension pumps to prevent the inflow of hydrotension oil from being discharged into the sea.

Nevertheless, the Defendant neglected to do so and did not check the oil pressure tank between the oil pressure pumps and the transport pipes, and operated the oil pressure pumps without checking the current state of oil smuggling between the oil oil tank and the transport pipes, and operated the oil pressure pumps without being equipped with the pest control equipment, and 2 liters of oil pressure pumps leaked due to the bad condition of the oil pressure pumps attached to the oil pressure pumps.

Accordingly, the Defendant discharged pollutants from a ship to the sea by negligence in the course of business.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of ships violating the Marine Environment Management Act (B) and reporting on the detection of B marine pollution and the completion of pollution response;

1. Letters;

1. Ship's nationality certificate;

1. Investigation report (the call of a person in charge of response to marine pollution at the Taean Coast Guard station);

1. Application of B marine pollution collecting photographs Acts and subordinate statutes;

1. Article 127 subparagraph 2 of the same Article and Articles 22 (1) of the Marine Environment Management Act (Selection of Fine) concerning facts constituting an offense;

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

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

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