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(영문) 광주지방법원 목포지원 2016.06.30 2016고정33
업무상과실선박파괴
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the captain of a wooden cargo ship C (97 tons) and a person who is responsible for safely shipbuilding and navigation of a ship so as not to cause harm to the ship.

Defendant

A, around 14:10 on July 16, 2015, at the place of the arrival of the Franchi, the additional franchison of the Sinan-gun of Newanan-gun, entered the port where six vehicles are loaded in C, and, at around 16:30 on the same day, it was sailing at the sea on the 2-day north-west of the Sinan-gun, the 16:30 on the same day, and the correction at the time was very poor to

A captain who operates a ship under poor visibility shall navigate the ship by determining its safe speed by taking into account the condition of maritime visibility, characteristics and performance of the radar among navigation equipment, and impacts of the marine weather on the detection of the radar, and shall navigate the ship by adding more personnel at the time of visibility.

In addition, if the rash of one square is not good, if the rash knows knows in advance that the rash does not operate normally, the rash shall not operate the ship, operate the ship after the good visibility, or replace the rash with the rash operated normally.

Nevertheless, the Defendant did not navigate at a safe speed in consideration of the marine weather at the time, and did not additionally assign an intern despite poor visibility, and in particular, even though he knew of the fact that the radar does not work normally when he was in bad sight, the Defendant operated the vessel in a very poor state of visibility.

Therefore, the defendant did not discover the D having access from the C Jeonum, and the defendant did not conflict with the part of the present player of C's Mamp Ma on board, which is damaged by the part of D's on-site player and the part of the engine room, which has lost partial utility.

Accordingly, the Defendant destroyed a ship in which people exist due to the above occupational and practical reason.

Summary of Evidence

1. Statement by the defendant in court;

1. The police of E.

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