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(영문) 광주지방법원 목포지원 2015.01.08 2014고정569

업무상과실선박매몰

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 living in the Shinan-gun B and owns C(1.91t), which is the management line of Kim Jong-ge, and operates Kim Gam farming business.

On April 5, 2014, at around 07:15, the Defendant was engaged in the work of removing facilities (one name Kim Jong, 40m per unit x 2.1m) in the management line C along with E at the neighboring sea of the Danan-gun, Newannam-gun, Nannam-gun, and loading them to the management line C.

The Defendant, as a captain of C, has a duty of care to load only cargo to the extent that it can maintain its restoration power for the safety of a ship, prevent safety accidents due to loss of the restoration power of a ship in advance, and to check whether a ship is seaworthy, the state of loading of cargo, etc. before departure.

Nevertheless, even though the Defendant, as the captain, was aware of the safety of loading 50 Kim Jong-un in Pyeongtaek, the Defendant failed to maintain C’s restitution without considering the stability of the vessel for the purpose of reducing working hours, without considering the stability of the vessel. Furthermore, the Defendant failed to inspect whether a vessel is seaworthy and whether the cargo was loaded before departure from the port, and whether the cargo was lost.

At around 12:50 on April 5, 2014, the Defendant, at around 12:50 on the same day, went from the sea near the Haan-gun, Nanannam-gun, Nananannam-gun, Nanannam-gun, Nanannam-gun, Nanannam-gun, D, Nannam-gun, Nannam-gun, D, 20 meters on the same day, caused flood from the aft to be buried.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Vessel documents, such as a loading certificate;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Articles 189 (2) and 187 of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;