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(영문) 춘천지방법원강릉지원 2020.11.05 2020고정139
업무상실화
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the captain of B (9.77 tons), was responsible for the direction and supervision of the crew, as well as for the operation, maintenance, repair, and safety control of the vessel’s navigation, engine, and the entire electrical system, and had the duty of care to frequently check the status of the electric wires, such as whether, as the captain of the vessel B (9.77 tons), the vessel has been in charge of the operation, maintenance, repair, and safety control of the vessel’s navigation, engine, and the entire electrical system, there are no instances in which the distribution of electric wires and the electric cable contact parts are released due to vibration, or there is no cases in which the electric cable clothes are damaged due to heat, and thereby,

Nevertheless, the Defendant neglected to do so and did not check or replace the electric wires one time for about five years. On June 29, 2019, the Defendant, along with around 12:20 p.m. crew at around 20 a.m., 5 straight lines (DC) at the upstream of the steering boat inside the steering boat to anchor B at the steering boat inside the steering boat and to make up for operation. On the same day, at around 12:20 of the same day, the Defendant carried all 5 straight lines (DC) at the steering boat inside the steering boat, and carried the steering boat and the steering boat up to the upper steering boat at the front side of the steering boat.

After all, the Defendant, by the above occupational negligence, destroyed the victim C(56 years of age, south)-owned B to cover approximately KRW 70,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, and F;

1. Reports on fire-proof accidents (based on the results of replies to a fire site investigation report) and fire site investigation reports;

1. A fire-proof report (related CCTV verifications on B fire), CCTV-cap photographs;

1. A report on internal investigation (in response to the result of a fire-resistant review by the scientific investigative team in the East Sea Office), a report on the results of fire-proof, and a legal safety appraisal report

1. Investigation reports (verification of details of damage caused by fire ships);

1. Main Order B 9.

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