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(영문) 창원지방법원 통영지원 2019.08.26 2019고정157
업무상과실선박매몰등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the person in charge of safety management, who is a shipowner and is on board as the master of a ship of Sacheon Ship and other ships B (0.43 tons, FRP, and FRP).

1. On October 22, 2018, the Defendant: (a) left a port to fish together with the Defendant, at the place of a military base line, at around 16:25 on the same day; (b) left a port to fish together with the Defendant, at the place of a military base line, at around 16:25 on the port of the southwest of the military base line; and (c) let the Defendant fish on the ship without anchoringing an anchor equivalent to about 10 km away from the southwest of the military base line.

In such cases, as a captain responsible for the safe navigation of a ship and safety control of seafarers, the Defendant has a duty of care to prevent accidents in which hulls are buried in advance due to the flow of seawater caused by the ship slope by taking into account the size and height of the ship, and the captain has a duty of care to ensure that the weight is not concentrated on one side in consideration of the size

The Defendant neglected such duty of care as above and carried out fishing by emphasizing the boarding force on the deck on the port side of the instant vessel on which the height of the hull does not exceed 0.6m (0.3m above the stern) and did not confirm and check the status of the vessel, and, at around 19:40 of the same day, the Defendant got off the vessel by putting the vessel in weight on the port side of the said vessel with the weight-centered center due to the hull slope, resulting in an excessive inflow of sea water above the deck due to the hull slope.

Accordingly, the defendant buried B in the sea where the boarding crew C actually existed.

2. The Defendant violated the Ship Safety Act: (a) used the above B for navigation without a ship inspection certificate at the date and place specified in paragraph (1).

3. The Defendant violated the Water-Related Leisure Activities Safety Act, at the time, and at the place mentioned in paragraph (1), used the above B (outboard 60 miles, motorboats) which is an engine-driven water leisure craft operator without obtaining an operator license for an engine-driven water leisure craft, for fishing leisure activities.

Summary of Evidence

1. Defendant's legal statement;

1. Part 16 of the B hulls cover 16, each investigation work.

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