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(영문) 대구지방법원경주지원 2020.11.11 2020고정140
업무상과실선박매몰등
Text

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

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

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is a person engaged in navigation of the above vessel as a captain of a fishing vessel B (9.77 tons) of the coast cab at the time of racing burial.

On February 24, 2019, at around 19:29, the Defendant operated the vessel at a speed of approximately 3.4 nautical miles (34°48 degrees North latitude and 129°34 degrees East longitude) from the east-si, Manpo-si, Sim-si (hereinafter referred to as "Manpo-si") to the port of call, and at the speed of 250 degrees East longitude and 7 knots.

At the time, the Defendant discovered one upper line on North Korea in the direction of the port, and in such a case, the Defendant, who is in charge of the operation of the vessel, has a duty of care to prevent the collision by actively changing the angle from the long distance, by closely examining the trends of the other vessel using navigation equipment.

Nevertheless, the Defendant neglected this and did not cause any collision with the other party’s ship, which is anticipated to be avoided by the other party’s ship, and which is at the speed of 15 degrees from the above sea, conflict with D’s port of side of the Defendant’s operation, which is combined with D’s port of pressure with D’s port of pressure at Busan, which is at the speed of 11 degrees from the above sea.

Ultimately, the Defendant, by the above occupational negligence, buried the above five seafarers B on the sea and lost the utility of the ship.

B. A person violating the Marine Environment Management Act by negligence did not release oil from a ship into the sea, but the Defendant contaminated the sea by discharging from B buried at the time and place mentioned in paragraph (a) to B the sea with the aforementioned negligence 800 liters via fuel oil, which is the ship’s fuel oil.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's written report of the situation report (1-9) of the police interrogation protocol (including the E-Wed part) to the defendant, report the situation report (1-9) and the confirmation of the collision vessel, and report the vessel's identification of the collision vessel (C) vessel for collision with documentary evidence, and report the results of the on-site identification (a collision).

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