업무상과실선박파괴
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a person boarding a fishing boat B (4.93 tons) on board as the captain of a fishing vessel.
At around 23:00 on May 9, 2019, the Defendant, at the 30m coast of the southwest C, anchored on the ship at anchor in the direction of the fore part of the stem of the ship and the bottom of the ship, but completed fishing at around 02:00 on the next 10th day, and laid the anchor on the water in order to return the ship to the fore part of the wharf D which is the place of departure.
In such a case, the Defendant is the captain, who is responsible for the operation of vessels and the safety of fishing passengers, and the shore is frequently located in the operation and operation of small-sized fishing vessels and is scattered by a large number of underwater cancers, such as liver cancer and cancer, and thus, the Defendant will closely examine the piracy and topography and especially bed;
In the event that there is an obstacle, such as rocking, from time to time by using navigational equipment, such as “GPS,” and there is a duty to take necessary safety measures such as anchoring with the main engine in the state of securing the distance from the base of using the main engine, and to prevent marine accidents that are wrecked at the bottom of the rocking.
Nevertheless, on the premise that the Defendant was aware that he would no longer work like a usual, the depth of the water was low, and the body room was flooded without using the main engine at a place where the underwater cancer was scattered, and during this process, the body room was flooded on the bottom of the ship ( approximately 10 cm in length, about 5 cm in width) while being sealed in the tidal sea in the nearby sea while being pushed in Category B, and the body room was flooded.
As a result, the Defendant destroyed the above B(4.93 tons) where eight fishing passengers, such as E (43 years old), thereby losing the traffic function and utility value as a ship.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and F;
1. One to four maps in which inundations have occurred;
1. At the scene of flood disaster, 4 copies of a spawn photo, and softs;