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(영문) 대구지방법원 영덕지원 2014.08.13 2014고정36

해사안전법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant violated the Maritime Safety Act: (a) while being under the influence of alcohol by a person working as the captain of the D (44 tons, YYYYYYY, 12 persons engaged in inshore fishing, coastal fishing, and 12 persons engaged in boarding) shall not operate or instruct the operation of the steering gear of the ship for navigation; (b) around November 15, 2013, the Defendant operated the said D by manipulating the steering gear of the ship from a place 40-ma away from the 40-day coastal port to the nive port of the latter to a point 40-ma away.

2. The Defendant who destroyed a ship by occupational negligence is the person who has a duty of care to ensure the safety of human life and ship with the captain of the ship.

On November 14, 2013, the Defendant served 11 seafarers working on the said D at the Seocho-gun, Chungcheongnam-gun, Chungcheongnam-do on November 14, 2013, and was on the voyage to enter the said port at around 10:30 of the same month after the operation of 10 days at the same sea, and at around 15:30 of the same month after the operation of 10 days at the same sea.

In such a case, even though the Defendant had a duty of care to accurately manipulate the steering gear and avoid collision with the breakwater, while operating the steering gear in the state of 0.157% under the influence of alcohol, the Defendant destroyed the existing ship by causing the aforementioned D to have the 11 crew members of the 11st of the existing D be destroyed and flooded the d floor of the 11st of the crew members of the 11st of the crew at the later port, due to negligence in the course of the operation of the steering gear at around 10:57 on the same day, depending on the stroke,

Summary of Evidence

1. A statutory statement to the effect that the Defendant “the Defendant was unable to drive a vessel at the stroke of a stroke in this court”

1. Each legal statement of witness E and witness F;

1. Each police statement made to G, H and F;

1. Summary statement prepared by the defendant;

1. Each police transfer, entry and departure information, site photo (report on the arrest of the main operator), report on the detection of the main operator, output of a drinking measuring instrument, on-site photo of the commercial vessel;

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