업무상과실선박매몰등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On April 18, 2019, the Defendant was sentenced to a suspended sentence of two years in October of imprisonment without prison labor for occupational negligence and death in the Daegu District Court racing support on April 18, 2019, and the judgment was finalized on April 26, 2019.
【Criminal Facts】
1. The defendant for the burial of a ship by occupational negligence is the captain of the East Sea, East Sea, East Sea, Dozers, fishing vessel B (59 tons) who exercises overall control over B safety management affairs at the port of capture;
On January 3, 2019, at around 03:07, the Defendant was on board the port of the south-gu, Chungcheongnam-gu, and six seafarers on board B at the port of the Si/Gun/Eup/Myeon. On the same day, around 14:48, the Defendant was on the 7-nautical miless of the Yando, Chungcheongnam-dong, Chungcheongnam-do.
At that time, there was a situation where weather was not good at the maximum 3m, maximum custom, 16m/s. Since there was a large quantity of catch in the above B, the captain of a ship has a duty of care to distribute and load adequate quantity of catch to a fish hold, and to safely navigate by maintaining the vessel's restoration power through a change of course or a speed adjustment when the hull was made at the steering house.
Nevertheless, the Defendant distributed catch to a fish hold, or did not maintain the stability of the vessel while staying in the steering house, caused B who was unable to check the load of the catch in the water on the water to the left side and lost its restoration power due to waves on the right side, and caused sea water to flow into the ship and eventually sunken the sea at that place.
Ultimately, the Defendant buried a ship in which people exist due to such occupational negligence.
2. No person who has violated the Marine Environment Management Act shall discharge pollutants from any ship into the sea by negligence;
Nevertheless, the Defendant, at the time and place mentioned in the above paragraph (1), caused the sinking of the above paragraph (1) by negligence, and caused approximately 600 litress in transit, which had been kept in custody, to be leaked to the sea.
Accordingly, the defendant's negligence on the sea from a ship.