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(영문) 대구지방법원 포항지원 2017.04.26 2017고정101
업무상과실선박파괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of the fishing vessel B of the south-gu, the Nam-gu, the Chungcheongnam-gu, the Chungcheongnam-do, and the safe operation of the vessel.

On December 25, 2016, at around 19:00, the Defendant boarded seven passengers, etc., including passengers C at a sea-going port, 2.5 nautical miles from the landing point of the south-gu mountain river, south-gu, west-do, west-do, west-do, west-do, west-do, west-do, west-do, and departing from the landing point of the Husan River.

In the above case of navigation of a ship, the Defendant was the captain responsible for the safety operation of the ship, and the Defendant had a duty of care to thoroughly check whether there is a dangerous obstacle, such as the underwater rock, tetrary, stone traw, etc. on the sea route, and the surrounding boundaries, and to prevent the accident of the ship, such as stranding, collision, etc., from spreading.

Nevertheless, the Defendant did not thoroughly perform the duty of care to check the ship on the floor of the steering house, such as cutting off the side while sailing, and finding out the documents for entry and departure from the steering house. On December 25, 2016, around 19:34, the Defendant: (a) caused the collision between the tetrag and the tin in the water at the sea at the entrance of the landing place of the marg in the south-gu west-gu west-gu west-gu west-gu west-do and caused damage to the marg (80cm wide x 80cm long, 3,965,00 won).

Ultimately, the Defendant destroyed B by occupational negligence, thereby losing the function and utility of the ship.

Summary of Evidence

1. Statement by the defendant in court;

1. A site for the transfer of police (the outbreak of stranding ship B and the report on the result of measures taken).

1. Tax information for entry and departure ports (B);

1. A copy of a certificate of marine engineer;

1. Written estimate;

1. Application of Acts and subordinate statutes to investigative reports (verification as to whether seven passengers of fishing boats are damaged);

1. Relevant Article of the Criminal Act and Articles 189 (2) and 187 of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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