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(영문) 대전지방법원 서산지원 2020.05.27 2020고정8
업무상과실선박전복
Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner and operator of motorboat B (1.81 ton, 200 ton).

In order to safely navigate motor boats, the Defendant had a duty of care to prevent various accidents, such as providing fuel oil necessary for navigation before departure from port, verifying hulls from time to time, etc.

Nevertheless, the Defendant entered the port without having provided fuel oil necessary for navigation before departure, and without having checked about 0.3 cm in diameter on the part of the port stem line, and without having checked about the 0.3 cm in diameter on the part of the port stem line. On May 11, 2019, at around 12:00, the Defendant returned B, a vessel of which four persons, including the Defendant, etc., are the vessels, at the sea of 1.4 Emb from the southwest-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, and flowed into the port to the stern, thereby losing the restoration power of B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An accident inspector;

1. Situation report;

1. Evidentiary photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 189 (2) and Article 187 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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