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(영문) 대구지방법원 영덕지원 2019.07.03 2019고정9
업무상과실선박매몰등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner and captain of B (4.23 tons, fishing vessel numbers: C) who is a coastwise fishing vessel in the south-west-gun, Chungcheongnam-gu, Northern-gun, and is the person in charge of operation and safety management of the above vessel.

1. On February 23, 2018, the Defendant, occupationally killed, etc. was sailing at the speed of approximately 10 nautical miles (Fix 36-18.00 N, 129-35.00E) (Fix 36-18.00 N, 129-35.00E) from the south-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (Fix 36-18.0 N, 129-35.00E) with a high speed of 280 degrees and 5 knot (kno) on the sea,

The Defendant had a duty of care to stop the operation before the weather becomes worse due to a strong wind and high wave, and to stop the operation before the weather becomes worse, to stop the operation before the weather becomes worse, and to move to the near port and port, and to move to the port, so as not to cause any marine accident, such as the sinking of the vessel due to bad weather.

Nevertheless, even though the Defendant relied on the experience of operation in a state with good weather for several years, the Defendant did not suspend operation even though he had a strong wind of about 12.8 meters high from the beginning speed and approximately 3 meters high wave.

On February 23, 2018, around 07:16 on February 23, 2018, the Defendant, at around 10 nautical miles (Fix 36-18.00N, 129-35.00E), caused large quantities of sea water to B due to strong wind and high wave and sinking of B due to such occupational negligence, the victim D, the crew of the Defendant, went away from the sea to the sea on February 23, 2018.

2. The Defendant, through occupational negligence, buried B where seafarers D et al. are present due to occupational negligence, such as the description in paragraph 1, and buried B at the sea as described in paragraph 1.

3. No person who violates the Marine Environment Management Act shall commit any act discharging oil from any ship into the sea;

Nevertheless, the defendant is buried in the sea specified in paragraph (1) by negligence, such as the statement in paragraph (1).

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