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(영문) 부산지방법원 2012.12.12 2012고정5256
업무상과실선박전복등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner of C(3.94 tons) and the master of P(3.94 tons) and the operator of the above vessel. Defendant B is the owner and the master of D(3.02 tons) and the operator of the above vessel.

1. Defendant A

A. On August 12, 2012, around 03:20 on August 12, 2012, the Defendant: (a) sailed from the Southern Dockwater located in Seo-gu Busan, Seo-gu, Busan; and (b) completed operation on the sea near the Southern Doctrine system; and (c) entered the port to the Southern Doctriwater, around 08:30 on the same day, the Defendant was sailing at the sea of 0.2 (e) on the 0.2-day in front of the Northern Doc

In such cases, the driver of the vessel has a duty of care to prevent the occurrence of the marine accident caused by the collision of the vessel, such as making the vessel stop at a safe speed in a sufficient distance if the vessel appears on the front side.

Nevertheless, the Defendant neglected the above duty of care and failed to find out D, which was the subject of the check at the bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed bed.

(b) No person who violates the Marine Environment Management Act shall discharge pollutants from any ship into the sea;

Nevertheless, the Defendant, like the acts mentioned in the preceding paragraph, discharged 2 liters via the sea on the 0.2math day in front of the Northern Island of the Songdo, Seo-gu, Busan, and contaminated the sea of 20 meters wide and 30 meters long.

2. Defendant B

A. On August 12, 2012, the Defendant entered the port located in Seocheon-gu, Busan on August 12, 2012, and completed operation at around 07:00 on the same day and sold catches to the new wall market located in Seo-gu, Busan on the same day.

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