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(영문) 제주지방법원 2013.05.10 2013고정129
업무상과실선박파괴등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 16, 2012, the Defendant destroyed a ship by occupational negligence: (a) the captain of the “C” (7.31t, six persons on board; hereinafter the “instant vessel”); (b) six persons, including the Defendant and seafarers, depart from the port of Han-si, Jeju-si port of Han-si on board the port of Han-si on August 16, 2012; and (c) completed fishing operations near the sea near the Jeju-si, and (d) started navigation to enter the port of Han-do at around 23:10 on the same day.

In such a case, the defendant, by neglecting his duty of care to prevent collision or stranding accidents by safely operating the location of surrounding topographical objects and risk factors in surrounding waters by using the radars, navigation rules, electronic sea systems, etc., even though he had the duty of care to prevent collisions or stranding accidents, and by neglecting this duty of care. On August 16, 2012, at around 23:40, the defendant destroyed the part of the horizontal and vertical length of the bottom of the ship of this case where the seafarers exist due to shock without discovering the breakwater inside the port of the Jeju-si, Jeju-si, at around 23:40, 2012.

Accordingly, the Defendant, operating the instant vessel on August 17, 2012, was mooring at a Han forest port located within the Han forest port around 00:00 on the same day to repair the portion of the powder, and was negligent in sailing at a Han forest station located within the Han forest port on around 09:10 on the same day without being negligent in performing the above duty of care, and thereby, destroyed the portion at least 50-60 cm away from the horizontal length of the lower part of the engine of the instant vessel in which the Defendant D had been located, without being found at around 09:40 on the same day.

2. The Defendant of the Maritime Safety Act (refluence of noise measurement) shall, as stated in paragraph (1), have completed emergency vessel fixing operations, as stated by the police officers belonging to the Jeju Coast Guard Epis, from 10:05 to 12:15 on the same day after the vessel of this case was wrecked.

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