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(영문) 부산지방법원 2017.06.08 2017고정611
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

The defendant is the captain of the ship C (141 ton, river) of Busan, who is in charge of safe navigation, etc. of the ship.

1. On September 26, 2016, the Defendant, who violated the Marine Environment Management Act, committed a violation of the duty, injury, and marine environment management law, discovered a drout to the opposite direction in the bee bank while operating the breakwater on the sea of 1.4 math (North Korea, the 35-03-45, the east 129-01-58) between South and North Korean defectors located in the Seo-gu Busan Metropolitan City, Seo-gu, Seo-gu.

In such a case, the Defendant liable for the safety operation of the vessel has a duty of care to prevent the collision in advance, such as placing the GPS professional and radars monitoring crew to observe the movement of the other vessel on the land due to the restriction of night visibility, and navigating at an appropriate speed to prevent collision with other vessels on the sea in the vicinity of the vessel, or informing the location of the vessel by sounding the whistle, which is a sound apparatus.

Nevertheless, the defendant neglected this and operated D players and Gu-type players with the negligence of operating them as they are, and received C-Sho central part.

Ultimately, the Defendant, by such occupational negligence, inflicted injury on Victim E, such as 12 pulverization of flaver in the right upper part of 12 weeks, and suffered injury on the victim F, who is a seafarer, due to the complete escape of about four weeks, etc., and contaminated the surrounding sea by releasing approximately 20 litress to the neighboring sea in the event of unique yellow oil stored in the D player tank.

2. If a vessel, other than a give-way vessel violating the Act on the Arrival, Departure, etc. of Ships, enters or passes through the water zone, etc. of a trade port, the Minister of Oceans and Fisheries shall navigate along the trade port designated and publicly notified as a sea route for the safety of vessel traffic and the water zone of a trade port;

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