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(영문) 춘천지방법원 속초지원 2017.04.26 2016고정124 (1)

업무상과실선박파괴

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is the owner and the captain of the inner registry C (2.99 tons, 1 boarding crew) and the general manager in charge of the safe operation of the vessel.

On May 2, 2016, the Defendant entered the port of early 05:25, at the early beginning of the Si, with the crew D, and entered the port of early 13 knots at a speed of about 13 knotss after working at the port of the Jinsung-gun Coast Coastal Sea.

At the same time, the zone has very poor weather conditions, such as the inside of the dog (low-level 2: low-level 457m in the field of vision). In such a case, the person operating the ship has a duty of care to prevent the collision with fishing vessels and other structures navigating and operated safely while operating the ship at a speed lower than normal speed.

Nevertheless, under the above weather conditions, the defendant operated without speed as above, and neglected the duty of the front speeding, and discovered late about 05:50 nautical miles of the front speed of the front speed 05:50 on the same day by negligence, and caused the above C to face with the front speed of the vessel in order to avoid such finding, and caused the above C to go off with the front speed of the vessel.

Ultimately, the Defendant, due to the above occupational negligence, destroyed C, which caused the said D’s loss of utility by means of transportation, by destroying C, such as 60 cm wide x 12 cm wide x 12 cm high m high m long, and the screen is destroyed, thereby losing the function of navigation of the said C.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E and F;

1. Reporting, etc. on the outbreak and result of the operation of the ocean-balwing vessel in front of the sea, and reporting on the internal inspection (in relation to the verification of such vessel, etc. as a wrecked vessel, the statement of a captain of a wrecked vessel at the scene, and the verification

1. The ship register;

1. Application of Acts and subordinate statutes to a place where the damage from sweaking ships is verified, such as photo, sweaking ships C commercial photo, and scattering ships C shall be verified;

1. Criminal facts;