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(영문) 부산지방법원 2015.03.26 2014고정4526
업무상과실선박매몰등
Text

Defendant

A A shall be punished by a fine of KRW 5,000,000 and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. On December 28, 201, Defendant A was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for the offering of bribe at the Busan District Court on the grounds of the offering of bribe, etc., and the judgment became final and conclusive on November 22, 2012.

The defendant is a real representative of the B Co., Ltd. for dredging construction and leasing marine equipment, who has overall management of the business of the said Co., Ltd., and D is a joint representative in the name of the said Co., Ltd. and a person in charge of the field of management and supervision of the operation of dredging F (361 tons) invested by the said Co., Ltd. in the field of dredging construction.

The Defendant, from July 201 to November 201, had the intention to facilitate dredging work prior to the entry of the above dredging line into the above construction site, made it a form of a single unit by melting a separate type of force tank connected with a V and width, unlike the initial approval form, and arbitrarily remodeled the location of the mobile device, such as changing the location of the sud (sud) from the outside of the power tank to the inside of the inner side of the engine, thereby causing a gap between the pumps parts in the engine room and each tank. In particular, the parts of the incidental tank No. 6 are not connected with each tank.

In addition, D, with knowledge of such voluntary alteration, performed dredging work using the dredging line at the center (E site) near the Henhae G in the middle of December 2010, 201 through the dredging line, D, despite being aware of such voluntary alteration, ordered the captain, the driver, etc. to leave the water from the dredging line to the dredging tank and to store it in the dredging tank. On January 21, 201, D loaded the water amounting to 110 tons of the water from the dredging line with an oil tank 8,000 litress of oil in the fuel tank located after the dredging line.

As a result, the Defendant, jointly with D, I, and J on January 22, 201, in conjunction with the foregoing occupational negligence, inflows of rainfalls into six tank sprink connections, which was not pushed down at the scene of the dredging work, and the flooding commences from the dredging line, and continues to occur from the dredging line, and the space between pumps and each tank sprinks in the engine room.

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