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(영문) 광주지방법원 해남지원 2021.01.21 2020고정84
업무상과실선박파괴등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of B as the captain of B (24 ton, spores) which is a inshore fishing vessel.

around 05:00 on October 18, 2019, the Defendant completed loading and unloading operation with seafarers at the port of the port located in the Magdong-gun, Jindo-gun, Jindo-gun, and completed the operation of the above B with the black mountain-do Myeon located in the Black-gun, Chungcheongnam-do, the area of another operation.

At the same time, there are frequent fishing vessels at sea to pose a risk of collision of vessels, so in such cases, it is necessary to verify whether the captain is an obstacle or anchored fishing vessel using navigation equipment, such as radars and suspendrs, and if there is a vessel in front of the direction, it is necessary to take measures in advance to avoid collision with the other vessel, and there is a duty of care to prevent accidents in advance.

Nevertheless, the Defendant was negligent in operating the above B in a stroke while strokeing it, and the Defendant was negligent in operating the above B on October 18, 2019, and the victim C (Y, 57 years old) who was anchored at the front bank of the Defendant at around 9 ma days in the strokedo of Jindo-gun, Jindo-gun on the surface of the North, Jindo-gun on October 18, 2019, and did not find the victim C (Y, 57 years old) who was operating the stroke at the back bank of the Defendant, and received the part of the above D's on-board deck as the players of the above B, which the Defendant operates.

Ultimately, the Defendant, by such occupational negligence, destroyed the part of the deck ( approximately 2.5m wide and about 1.5m long) of the above D, caused the water flow into the engine room so that the main engine is flooded so that self-operation is impossible, thereby impairing the utility of crew members other than the victim C by destroying the existing D and impairing the utility of the transportation engine. At the same time, it is necessary for the victim C who was on board the above D to receive approximately two-day medical treatment.

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