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(영문) 대전지방법원 서산지원 2018.02.02 2017고단605
업무상과실선박파괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2016, the Defendant entered into a contract with the victim E (the other and the 65 years old) who is the representative of the company D with limited fisheries companies, and engages in the vessel operator and captain's duties of the fishing vesselF (7.93 tons) in the Taean-gun Coast Coast Coast Guard, which is owned by the victim.

1. On July 6, 2016, the Defendant: (a) was a mother port located in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Taenam-gun, on the part of the Defendant, having four seafarers on board the said fishing vessel F and depart from the port; and (b) on the same day, at around 21:50 on the same day, the Defendant was sailing nearby the Black sea near the same military interest area.

In such a case, the Defendant, as the captain of the above fishing vessel, operated the vessel safely in compliance with the prevailing circumstances and conditions without collision with other vessels or objects, and in particular, was obliged to closely check the operating conditions and performance of all instruments in advance and to prevent the collision with other objects by checking the operating conditions and performance of all instruments in advance.

Nevertheless, the Defendant neglected this and caused error in the location and error of the water table, and did not provide normal information to the above F’s steering boat, but destroyed a ship in which people exist by causing a collision between F’s hull bottom and the surface of the rock in the vicinity of Blackdo, without recognizing the above error, and by failing to properly recognize the above error, causing the F’s hull bottom to conflict with the surface of the rock in the vicinity of Blackdo so that approximately KRW 10,000,000,000 of the repair cost ( approximately 20cm wide, about 20cm long).

2. On August 6, 2016, the Defendant damaged property requested the Defendant to leave the F when the Victim E withdraws from the entrustment contract for the vessel operation to F of the fishing vessel.

On August 8, 2016, the Defendant is the pilothouse and the engine unit of the fishing vessel F in the mother port located in the Mag-gun, Mag-gun, Chungcheongnam-gun, Chungcheongnam-do.

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