(영문) 창원지방법원 통영지원 2019.03.20 2018고단1367

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2019.03.20 2018고단1367

업무상과실선박전복등

Text

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

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

Reasons

Punishment of the crime

The Defendant is the captain of a two-boatd fishing vessel B (59 tons), who is engaged in the operation of the said vessel.

1. Around 05:00 on November 2, 2018, the Defendant: (a) operated the above vessel; (b) completed the operation at the sea of approximately 7 mams in Daegu-do, Nam-do; and (c) maintained the speed of approximately 340 degrees and approximately 10 knotss for the entry into the port of Tong Young-si; and (d) maintained the speed of about 340 degrees and about 10 knotss and completed the electric navigation.

In such cases, the captain of the vessel operating shall thoroughly check the front side of the vessel and check various navigation equipment, such as the GPS plplle, etc. from time to time to time, and shall select and navigate a safe sea route with sufficient distance and time to avoid collisions with dangerous factors, such as underwater rock, etc. In order to take measures to avoid collisions with dangerous factors, such as underwater rocks. If the captain of the vessel is obliged to navigate after anchoring the vessel at a safe place, he/she has a duty of care to prevent the occurrence of accidents due to the operation of a steering boat by leaving the steering boat among the seafarers, and to prevent the occurrence of accidents due to the operation of a steering boat.

Nevertheless, the Defendant, while neglecting the above duty of care as seen above, did not discover underwater rocks existing in the same 0.1math of the East-do, Daegu-do, by negligence in the course of operation, and did not 0.1math of the East-do, and did so, the Defendant 10 seafarers passed away the above ship in front of the underwater rock.

2. The Defendant in violation of the Marine Environment Management Act, by neglecting the ships mentioned in paragraph (1) at the time and place mentioned in paragraph (1) by negligence, and discharging approximately 310 liters via a ship, which are pollutants loaded on the ship, into the sea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning C and D;

1. A comprehensive report on the results of measures taken against airball vessels (10boards) and the application of the statute to calculate the amount of oil outflow.

참조조문

-해양환경관리법

유사 판례

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