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(영문) 전주지방법원 군산지원 2013.06.27 2013고정310
업무상과실선박파괴등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has a fifth mate's license and is a captain of a military ship and other C(38.27 tons, engine output 41KW, 2 boardingmen) who is a general responsibility for the operation and management of a ship.

1. On December 21, 2012, at around 07:30, the Defendant destroyed a ship by occupational negligence: (a) departing from a barge D (393 tons) loaded with 300 tons of building aggregate in the military bridge located in the Yan-dong, Yan-dong, Yan-dong, Sinsan-si; (b) arrived in the Yan-gun, Yan-gun, Yan-dong, Yan-dong, and unloaded a building aggregate at around 20:00 on the same day; and (c) returned to the Y-si, YA-dong, YA-dong, YA-dong, YA-dong; and (d) returned to the YA-si, YA-dong, where

On December 22, 2012, at around 05:40, the Defendant: around 05:40, at around 05:0, the following day: (a) around the time when C passed through the latitude and food map, the weather conditions of 12-14/s and 2.5m high; and (b) when the weather conditions change, the Defendant started to stop at the above site around 05:45 on the same day as the date, in order to turn to D while the anchor to the head of the line F, who was on board the D, for the purpose of moving to the port for the purpose of stopping the anchor to the port of destination; (c) however, in order to turn to D while the towing is connected with C and D, the towing is stopped by the engine (agency) on the screen of C; and (d) the towing is cut.

In such cases, since the operator of a ship is out of the scheduled course due to various causes, such as engine failure, etc., and has a duty of care to prevent maritime accidents in advance by keeping anchors and anchor lines suitable for the size of the ship at all times so that the ship can be prevented from mooring by wind or tidal currents and from stopping the ship at any time, and by linking anchors and anchor lines in emergency.

Nevertheless, the defendant is sailing the coastal sea area and does not meet C's scale.

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