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(영문) 광주지방법원 순천지원 2021.01.21 2020고단2180

업무상과실치상등

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 26, 2020, the Defendant, as the captain of “B(9.77 tons),” a fishing vessel registered at the time of leisure. At around 06:30 on July 26, 2020, at around 06:30, at around 21, a total of 19 fishermen, including 19 fishermen in the above B, entered the port, and entered the port, at around 06:43 around 06:43 on the same day, the Defendant was sailing along the sea 90 meters away from the Do to the south-do.

There are places close to the unmanned blick Island, where it is highly likely to collision with rocks, and the water depth of 70 to 80 cm in water depth. In such a case, the defendant, who is the captain responsible for the safety of ships, crew, and passengers, has a duty of care to prevent the occurrence of the marine accident, such as reducing the speed and sufficiently keeping away from the blick Island by checking well dangerous factors such as obstacles, water depth, etc. on the sea route.

Nevertheless, the Defendant neglected such duty of care and operated without reducing speed, and did not check whether there is a rock in the vicinity in order to avoid the culture that is in the front section of the proceeding route and did not check whether there is a rock in order to avoid the culture that is in the front section of the proceeding route, and the lower part of the above B was faced by the negligence on duty at the bottom of the sea.

Defendant 1 got more than 30 million won for passengers ( South, 46 years of age) of the victimized person due to occupational negligence as above, suffered from the victim’s pressure pressure pressure string about 12 weeks, and at the same time destroyed the ship by cutting off the above B’s engine room lower part (40 x 40 m) and making it flooded, thereby destroying the ship to cover approximately KRW 30 million for repair costs.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each situation report (one, two, three, or more reports);

1. A photographic document issued with a wrecked vessel;

1. Photographs of the victim C medical certificate;

1. Application of the Acts and subordinate statutes to the parts damaged by the B hulls;

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.Article 40 of the Criminal Code of Trade and Trade.