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(영문) 춘천지방법원 강릉지원 2019.01.29 2018고정218

업무상과실선박파괴

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the captain of the coastal complex of the tri-Myeon-ho, the Don-ho, and the charter fishing boat B (2.98 tons), who is in charge of the overall management and supervision of the ships and passengers and takes charge of navigational affairs.

On June 6, 2018, at around 17:05, the Defendant: (a) boarded six fishing passengers on board B; and (b) opened an anchor at the sea of 0.4 nautical miles in the south-west coast of the South-west coast of Sam-do at the port of the head of the head of the port where Sam-do is in the west of Sam-do; and (c) fixed the anchor.

The defendant has a duty of care to prevent safe fishing activities, collision with the land or the rock, because the location of fishing activities by passengers is close to the land and is in need of care individually. Therefore, the defendant has a duty of care to prevent safe fishing activities, collision with the land or the rock by examining the state, passage, surrounding environment, etc.

Nevertheless, the Defendant neglected to perform duties such as the distance from the land, whether the ground exists and surrounding conditions, the ability to operate vessels, and the performance of various equipment in an area where the rock is large, and thus, failed to normally fix anchor lines after the anchoring in the ship in an area where the rock is large, and the ship is pushed down in the land direction. While the center line of the hull of the B where six fishing passengers are in existence, the vessel was at the bottom of the ship with six fishing passengers, resulting in the collision with the rock and the storming of the engine room throughout the area, and making it impossible to function as a ship.

Accordingly, the Defendant destroyed the ship B owned by the Defendant with six fishing passengers due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the outbreak of a wrecked vessel;

1. A report on the occurrence of a ship with the same sea wave or a ship with a fishing boat;

1. Photographs related to B repair;

1. Reports on internal investigation (referring to confirmation as to whether a ship has been destroyed);

1. An investigation report (as to the on-site characteristics, etc.), B accident port confirmation, B navigational data (detaileds), and B accident-related sea year confirmation laws and regulations.