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(영문) 대구지방법원 영덕지원 2018.10.24 2018고정37

업무상과실선박파괴등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the master's duty of C (6.67 tons) as a vessel with a dead side.

On May 13, 2018, the Defendant, at around 03:00, sailed from the port of death change located in the area of the Ganjin-gun, G, the Defendant started sailing at around 11:10 on the same day and continued sailing at around 11:45 on May 13, 2018, at approximately 0.3 nautical miles from the port of death change, while operating at around 10 nautical miles from the port of death change.

Since the above sea area has a large range of boats with fishing, there was a duty of care to prevent collisions of ships by properly using navigational equipment, such as radars, etc., for those engaged in the captain's duty.

Nevertheless, the Defendant neglected to do so and proceeds closely, and the part of the victim D(68) on the sea, which was under fishing at the above sea, conflicts with the part of the Defendant’s C player in the operation of the Defendant.

As a result, the Defendant caused the loss of the function and utility of a ship, such as having a hole at the port side of E and the bottom of E, caused the loss of the function and utility of the ship, and at the same time suffered injury, such as a cage cage cage cage cages, etc. which require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each internal investigation report and each investigation report;

1. A copy of death change, collision vessel occurrence and the result of measures, detailed information on entry into and departure from ports, C-E conflict situation, a copy of a loading certificate, a copy of a fishing vessel inspection certificate, a copy of a fishery permit, a copy of a certificate of fishery permit, a copy of a certificate of fishery permit, and a copy of a

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 189 (2), Article 187 of the Criminal Act (the point of destroying a ship in the course of business and room) and Article 268 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;