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(영문) 대구지방법원 포항지원 2017.11.08 2017고정340
업무상과실선박전복등
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 is the owner of the water leisure mother C (4.14 tons, registration numbers: D. and three persons on board) and is the person in charge of the operation and safety management of the ship.

1. On June 2, 2017, the Defendant: (a) around 10:00, the Defendant: (b) boarded the ship to E (58 years) and F (62 years of age at the start of the ship in the Seo-dong, Seo-gu, Busan Metropolitan City; (c) departing from the port to move the ship to the port of the port of the port of the Dong-gu, Seo-gu, Chungcheongnam-gu; and (d) on the same day, around 16:54, at around 16:54, the Defendant navigated the ship to enter the port of port after sailing to the port of port.

At the time, the sea area in front of the Hot Jeju Jeju Island had a lot of geographical impact on the mal wave. At that time, the south Sea area in the East Sea had no good weather such as a wave with a width of 3 to 4 meters and a storm of 8 to 12m/s, during the entry into force of the wind wave, and there was no high weather such as a wind wave of 8 to 12m.

In such a case, the Defendant, who is responsible for the operation of the vessel, has a duty of care to safely operate the appropriate vessel and engines in accordance with the direction of the strike by taking into account more closely and closely the maritime weather relationship (sway, wind, tidal currents) for the safety of the vessel.

Nevertheless, because of the long-term operation of the port between the port and the port in Busan, the defendant was forced to leave the port to the port of the port of the port without considering the restoration power of the other vessel rapid to the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port.

After all, the Defendant, who was on duty and on duty as above, returned to the above, the above-mentioned vessels, where E (58) and F (62) are present.

2. No person who violates the Marine Environment Management Act shall discharge pollutants from ships into the sea;

Nevertheless, the defendant, as the ship was restored due to the negligence of the above paragraph 1, and approximately 50 liters of light oil loaded in the ship were leaked and contaminated the sea at the place.

(i) the evidence;

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