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(영문) 광주지방법원 순천지원 2021.03.18 2020고정205
업무상실화
Text

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

When the defendant does not pay the above fine, 30 days shall apply.

Reasons

Punishment of the crime

The defendant is the captain B (7.93 tons) of the ship of the same paragraph at the time of leisure.

On December 4, 2019, at around 12:50, four persons including the defendant et al. were mooring at the oil tanker C at anchor in order to receive fuel oil by entering the port of the country at the time of leisure and entering the port of the same port at the time of leisure.

In such cases, the Defendant, as a safety manager for the prevention of fire against the above vessel, suspended engines before the supply of oil, and has a duty of care to prevent the occurrence of a fire caused by an explosive explosion in advance by conducting an explosive distribution by the heat generated in the engine and electric wave, such as waste oil and engine fuel fuel generated from oil on the bottom of the engine room being discharged through Eben.

At around 12:55 on the same day, the Defendant: (a) destroyed part of the hull, such as the engine room and the steering house, where three persons, including the crew E, etc., are on board due to explosion of the oil vapor by the heat generated from the engine set up in the B engine set up in the D Center prior to the D Center and the electrical sprink, on the premise that the entrance would be open to the engine room, and that it would cause a ventilation; and (b) destroyed part of the hulls such as the engine room and the steering house (amount of damage 170 million won).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of written estimates for fire identification reports in each police statement made to E and F;

1. Relevant Article of the Criminal Act and Articles 171, 170 (1), and 164 (1) of the Criminal Act concerning criminal facts, the selection of a fine for negligence;

1. Articles 70 and 69 (2) of the Criminal Act (amount of money to be converted to a workhouse: 100,000 won per day);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is relatively large in the value of a ship as a result of the instant accident, and the Defendant’s negligence is not somewhat minor.

However, on the other hand, the accident of this case did not cause any harm to human life other than the defendant, and the defendant turns out.

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