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(영문) 인천지방법원 2013.09.27 2013고정1329
해양환경관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a master responsible for the safety and management of a tugboat C (60.26t, river lines, and two crew members on board) of Incheon City.

No person shall discharge pollutants, such as oil, from ships into the sea.

From November 15, 2012, from 06:0 to 06:00 on November 15, 2012, the Defendant mooring C with the age of at least 30 years at the port port located in Jung-gu Incheon, Jung-gu.

In such cases, the defendant has a duty of care to check in advance the strike that may occur on an old vessel and make every effort to ensure the safety of the vessel by repairing, repairing, etc., and to prevent flood accidents, etc., to place safety workers on duty and check whether there is anything abnormal on the vessel, and to prevent oil loaded on the vessel due to the sinking, etc. from being leaked on the sea.

Nevertheless, the Defendant: (a) was aware of the fact that there was an unspeak-speak and that the Defendant would be fine by negligence without repairing or repairing the hull and without confirming the leakage of the vessel; (b) caused the negligence of neglecting the vessel from November 18, 2012 to November 19, 19:00 on the following day; (c) from November 19, 2012, C’s unspeak-speak (at least one on the port side, one on the port side, one on the port side, etc.); and (d) the flood began from the near part of the vessel and eventually, C was loaded on the sea, and at least 800 liters of fuel oil (b) and 400 liters of sea water, which were discharged to neighboring sea, and caused the contamination of approximately 200 meters in width x about 50 meters in width.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D and E;

1. Application of Acts and subordinate statutes regarding the change of police station, collection photographs (40 copies), response to anti-port materials, and the certificate of ship's nationality;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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