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(영문) 창원지방법원 통영지원 2013.10.15 2013고정338

업무상과실선박파괴등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is the captain of a deep-sea fishing vessel C(4.91 ton) with a deep-sea fishing vessel in charge of safety management.

1. At around 11:00 on March 8, 2013, the Defendant destroyed a ship by occupational negligence, departing from the port for the purpose of operation under the same subparagraph of the same subparagraph, and sailing at the speed of eight knotss near the north-dong bank located in the Tong-si, Tong-si.

In this case, the defendant, who is responsible for the safety management of the ship, in the area near the island, has a duty of care to check the tide and the sea, etc., grasp the location of the underwater rock accurately, and safely navigate the sea-going rock so that it can prevent the accident from spreading.

Nevertheless, the defendant neglected this and caused C to be faced with the underwater rock of approximately 0.2 math of the north-dong bank, which was in the vicinity of the early rock, even though he was negligent.

Ultimately, the Defendant, by occupational negligence, destroyed C, which was on board by the Defendant and crew D, to have approximately KRW 17 million of repair cost, thereby losing the traffic function of the Defendant as a ship.

2. The Defendant violated the Marine Environment Management Act, at the time and place specified in the above Paragraph (1), and at the same time and place so that, with the outbreak of sea water into the engine room, approximately 1 liter of genetic mixtures, which were being covered by the engine room, may be discharged into the sea.

Accordingly, the Defendant discharged pollutants from a ship by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Evidence of each damaged part of the evidence;

1. Application of Acts and subordinate statutes to an investigation report (ship repair invoice);

1. Relevant Articles 189 (2) and 187 of the Criminal Act, the choice of punishment for the crime, Articles 128 (1) and 22 (1) of the Marine Environment Management Act, and the choice of fines for the negligence;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;