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(영문) 광주지방법원 목포지원 2015.10.26 2015고정393
업무상과실선박파괴등
Text

Defendant shall be punished by a fine of three 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 catch-transported vessel B (60 tons, necked vessel) with the catch shipped at the time of transit.

At around 06:30 on January 6, 2015, the Defendant: (a) loaded a transit fishing vessel C and D, which is operating in a neighboring sea area along with two crew members, with a transit fishing gear to be transported to D, and the transit transit to a vessel; and (b) was sailing in the neighboring sea of a living island, the Defendant confirmed on January 7, 2015 that C and D are going to sail within the port of departure due to the deterioration of weather conditions; and (c) made C and D sail sail to the port of departure.

The Defendant, as the captain of B, has a duty of care to check obstacles, such as breakwater facilities, etc. in the waterway, when entering the narrow waterway of a landing port, and coordinate them at appropriate course and speed, and to check the location of the ship from time to time by using navigation equipment, such as radars and GPS display grounds, and prevent ships from approaching the flood from approaching the narrow waterway of a landing port.

At around 05:30 on January 7, 2015, the Defendant did not have to have the view by the light, such as the anchorage, work, etc. of a vessel in or out of a port of departure, and entered a port of departure with a view to neglecting the above duty of care even if it was the time when the water level was low. On the other hand, the Defendant, at around 05:30 on January 7, 2015, went into a port of departure with the tetrad, which was a facility of a breakwater, at the sea in the front of the breakwater.

Ultimately, the Defendant destroyed the bottom of B’s hulls due to such occupational negligence and caused the inundation of approximately 2/3 of B’s aft and hulls to lose the utility of a ship with respect to which people are present, and discharged oil into the sea by negligence by letting approximately 2.75 Dup, via the engine room fuel tank B, leak approximately 2.75 Dup, into the sea.

Summary of Evidence

1. Defendant's legal statement;

1. Notification (B) of a vessel violating the Marine Environment Management Act, and related photographs;

1. A statement on the calculation of leaked volume;

1. Certificate of ship's nationality and certificate of fishing vessel inspection;

1. Application of the location of an accident on the electronic sea and the statutes governing documentary evidence photographs;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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