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(영문) 광주지방법원 해남지원 2014.02.12 2013고정133

업무상과실선박매몰등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fisheries as a lessee and a captain who is also the lessee of a fishing vessel C (4.79 tons) with alldo-gun shipment.

1. Around 06:00 on August 21, 2013, the Defendant for the burial of a ship by occupational negligence entered the license of a fishing village fraternity located at the sea of approximately 0.8 Maddo-gun, Jeondo-gun-do-do-Eup, and entered the port for four work crew members on board at the complete port located in Ydo-do-Eup, Ydo-do-gun, and then came to take the marging fishing gear by using the marging fishing gear upon arrival at the license of a fishing village fraternity located at the sea of approximately 0.8 Mado-

However, the Defendant, as the captain of the mother vessel, had a duty of care to check the operation of various equipment and the conditions of accessories through a prior inspection prior to departure of the vessel, to prevent the occurrence of an accident due to the impossibility of operating various equipment during the operation of the vessel.

그럼에도 불구하고 피고인은 이를 게을리 한 채 선박 출항전 엔진 가바나(조속기) 케이블 점검을 소홀히 하여 같은 날 07:45경 위 해상에서 형망어구를 인망하여 채취한 바지락을 양망한 후, 뻘 제거를 위해 선미에 그물을 차고, 엔진 출력 증강을 위해 조속기를 조작하던 중 조속기 케이블이 끊어져 전진이 되지 않자 선미에 차고 있던 그물의 무게로 인하여 선미방향으로 해수가 유입되면서 불어난 침수량으로 선박이 침몰하였다

As a result, the Defendant buried four employees, including work crew E, in the above occupational negligence, into the sea.

2. The Defendant, by negligence like the above “A”, contaminated the sea where the 60-liter volume of light oil, which was stored in a fuel tank in a C institution room, was leaked into the sea and contaminated the sea.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to listen to oral statements concerning the counter party to the boarding crew);

1. One report verifying the occurrence of a uniform vessel;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Relevant Article of the Criminal Act and Article 189(2) of the Criminal Act concerning the selection of criminal facts;