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(영문) 제주지방법원 2019.06.28 2019고정88
업무상과실선박파괴
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is the owner or captain of B (6.67 tons) which is a coastal complex fishing vessel of Sungsan Shipping and is engaged in the operation of the above vessel.

around 16:59 on May 28, 2018, the Defendant, at the near the Jeju-si Port, went into the speed of approximately 8 knots at around 05:48 on May 29, 2018, after he/she went into the sea near the Jeju-si Port with three crew members C and 3 other.

At the same time, the limit is very poor weather conditions, such as the inside dog is very poor, and there is a place where rocks are distributed in the water depth and 0.1 miles away from the water depth. In such a case, the captain responsible for the safe navigation of the ship has a duty of care to prevent collision with fishing vessels and other structures proceeding safely and operating safely.

Nevertheless, the Defendant neglected this and allowed B to approach B to the coast of the port of Seogpo-si in Sinpo-si by his negligence, and caused B to face with the beginning of a water depth 0.92 miles away from Sinpo-si port of Sinpo-si.

The Defendant, by occupational negligence, destroyed a ship in which people are present by having approximately 120 cm wide and approximately 10 cm high portion of the lower part of the engine room C and 3, in which there are three and more employees.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. In the investigation report prepared by the prosecution (as to whether the degree of strike B in this case corresponds to the "destructive" in Article 187 of the Criminal Code)

1. Entry into a report (the outbreak of, and the degree of damage to, the stranding accident) on internal investigation prepared by the police;

1. Entry of each situation report prepared by the police;

1. Entry into the current status of entry into and departure from ports, detailed inquiries into ports of entry, crew/license inquiry, and B entry; and

1. Application of each of the video-related Acts and subordinate statutes to documentary evidence B;

1. Relevant provisions of the Criminal Act and Articles 189(2) and 187 of the Criminal Act concerning the selection of criminal facts;

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