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(영문) 창원지방법원통영지원 2020.11.04 2020고정140
업무상과실선박파괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of a coastal multi-modal fishing vessel B (4.96 tons) who is responsible for the safe operation of the coastal multi-modal fishing vessel B (4.96 tons).

On December 26, 2019, the Defendant, at around 07:30 on December 26, 2019, boarded two seafarers on board the above B in the sailing of the common sea area in the common sea area in Gyeyang-gu, common sea area, and sailed at about 10 degrees of course and about 10 knots at about 0.2 nautical miles in the West-si, common sea area at around 08:00 on the same day.

Since the sea is a place where the average depth of water depth is low, and it is somewhat difficult to confirm with the land, and the risk of accidents exists, such as frequent occurrence of the scattering accident of the flat passage vessel, etc., the captain engaged in navigation duties has a duty of care to prevent collision with the underwater cancer by safely operating the vessel, such as reducing speed or changing the course of the underwater cancer, with sufficient time when discovering underwater cancer in the front line, by continuously identifying the location of the underwater and underwater rock by using navigation equipment, such as the GPS displayer, searcher, etc. prepared in the ship.

Nevertheless, the Defendant, at around 08:02 on the same day, 08:02: (a) had been on board with the horses of the seafarers on board who had never been engaged in navigation at the sea in the past; and (b) had been on the sea of 0.2 nautical miles from the west-west-west-west-west-west-west-west-west-west, through navigation without discovering underwater rocks; (c) had received three underwater rocks on the part of the said B’s base frame without discovering underwater rocks; and (d) had three powders on the part of the said B’ base (185 cm-long, approximately 20 cm in length, approximately 80 cm in width, approximately 80 cm in length, approximately 10 cm in width, ③ approximately 50 cm in length, about 50 cm in width).

Ultimately, the Defendant destroyed a ship in which people exist due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each situation report;

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