beta
(영문) 춘천지방법원 속초지원 2020.04.01 2019고정61

업무상과실선박파괴

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of the “B” fishing vessel permitted to operate the fishing vessel business at the early time and is engaged in the fishing vessel business.

On January 6, 2019, the Defendant: (a) around 14:24, 2019, 6 passengers, including C, were on board “B,” and (b) went to the south bank sea through the territorial sea near the territorial sea where the territorial sea was located.

At the time, there was a rock that cannot be seen on the sea near the coast of the inner pottery port, which is the direction of the ‘B' at the time, so there was a duty of care to check thoroughly the existence and location of the rocks on the moving route to the person operating the fishing vessel, and to prevent the accident in advance, such as sailing far away from the vicinity of the rock.

Nevertheless, at around 14:40 on January 6, 2019, the Defendant neglected to do so and proceeded with, and around 14:40 on January 6, 2019, the Defendant got “B” at the ground below the water surface at around the navigation of the coast adjacent to the territorial pathal port.

Ultimately, the Defendant destroyed the repair cost of KRW 2,300,000 for the following reasons: (a) the Defendant was unable to operate the “B” due to the storm and the inundation of the engine room due to the foregoing occupational negligence; and (b) the Defendant destroyed it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to confirm the status B and tugboat photographs, B and damaged places, the comprehensive information system for ship entry and departure port management (B), the list of persons on board, the report on internal investigation (to hear the witness's statement at the time of the B accident), and the report on investigation (B repair estimate verification);

1. Article 189 (2) and Article 187 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing conditions of the Criminal Procedure Act Article 334(1) include the criminal records of the defendant, the circumstances leading to the crime of this case, the degree of negligence of the defendant, etc. shall be determined as ordered by the court.