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(영문) 부산지방법원 2016.10.21 2016고정3020

업무상과실선박매몰

Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a co-manager or master of B-owned motorboat C (registration number: 1.62t, FRP, hereinafter referred to as “instant vessel”) registered as an engine-driven water leisure craft in the Young-gu Office of Busan, and is in charge of safe navigation of vessels.

The Defendant, from February 20, 2016 to February 26, 2016, shall drive and set aside engines and set aside in the same year.

3. 1. At around 09:30, at the landing point of the digging port located in the Nam-gu, Busan Metropolitan City, where five persons, including the defendant,, including E, are on board the ship in the above C and sailed at an average of 15 knotss. At around 10:00 on the same day, around 10:00, there was an entry at the sea of approximately 200-300 meters below the mother and mother located in the west-gu, Busan Metropolitan City on the west-gu, Busan Metropolitan City, on the west-dong side, and at the middle of the fishing, one mushroom poppy (weight of about 5 km, approximately 100 km in length of the wire line) on the port side, and look at the preparation for the operation of the engine engine, from around 10:20 on the same day.

In such a case, the Defendant, who is the person in charge of safe operation management of motor boat C, has a duty of care to thoroughly monitor whether sea water flows into a ship through the drainage system installed on the aft left side and right side (45 cm in diameter) after removing the towing engine before departure, taking into account the fact that the engine is a trial operator immediately after departure.

Nevertheless, the Defendant neglected such duty of care and found that sea water flows into the Cboard only on March 1, 2016 after the passage of about 50 minutes from the port of trial operation and fishing. On March 1, 2016, the Defendant, by negligence, found that sea water flows into the Cboard, was delayed, but the ship has already been kept in the ship but, as sea water flows, a large quantity of sea water flows into the ship in the state where sea water flow remains in the state where flood engines have not been operated, leading to a collision between the birth and the her mother and the her mother on the same day.