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(영문) 창원지방법원 통영지원 2014.09.03 2014고정175
업무상실화
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the head of a unit of a port-going vessel C (80 tons) with a port-going vessel.

At around 08:10 on November 23, 2013, the Defendant issued a work instruction, such as melting by using a melting machine the upper part of the floor area of an empty oil tank (2m x 3m) installed on the left side of the ship's engine room located in the front bend line, which is located in the front bend line.

In such a case, the Defendant had a duty of care to prevent fire from being exposed to an inflammable oil reservoir which remains on the outside floor of an oil tank in the vicinity before work, because high heat and flames are likely to be moved to nearby inflammable substances, the Defendant had a duty of care to prevent fire from being exposed to an inflammable oil container, etc., which was caused at the time of the contact.

Nevertheless, the Defendant neglected safety management by neglecting to take such safety measures, such as ordering the contact work as it is, on the same day, destroyed with inflammable substances, such as oil sludge, etc. on the floor outside the upper bottom oil tank on the same day, and destroyed the parts of the above vessel's engine room, 2, 1, and main engine, etc. (74 million won of damage).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes to field photographs, certificates of ship's nationality, certificates of inspection of fishing vessels and estimates;

1. Relevant Article 171 of the Criminal Act and Articles 170 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is the occurrence of the instant fire, the fact that the injured party does not want the punishment of the defendant, and the age, character and conduct, family relationship, family environment, means of crime, and after the crime is committed.

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