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
Criminal facts
The defendant is the captain of the cryp boat B (3.37 tons) of the cryp landing boat management ship, who is responsible for the safe operation of the ship.
1. At around 05:30 on January 19, 2015, the Defendant destroyed a ship by occupational negligence: (a) departing from a nearby so-called deep-sea fishing village, a destination destination for the operation of a deep-sea fishing village; (b) however, the Defendant was sailing at the speed of 5 knotss at the sea between Yeong-si and the west-do, in order to go to a deep-sea fishing village near the village where it is possible to work as a deep-sea fishing village at around 07:30 on the same day to go to a deep-sea fishing village near the city where it is difficult to go to go to a deep-sea fishing village.
At this point, the water depth is close to the island, and in this case, the area where the underwater rock is scattered, and the defendant, who is responsible for the safety management of the ship, has the duty of care to accurately grasp the location of the underwater rock after ascertaining tides and tidal charts, etc., to secure the safety distance from the underwater rock, and to prevent the marine accident such as the stranding, such as the navigation bypassing it to the safe sea route.
Nevertheless, the Defendant neglected this and caused the above B to face with the beginning near the rock and caused two strikes (one place: 130 cm in length, 5 cm in diameter, 1 place: 80 cm in length, 200 cm in diameter) to the lower part of the ship, thereby losing the utility of the above ship by means of transportation so that the amount equivalent to KRW 3,323,00,000 in total is reached.
2. No person who has violated the Marine Environment Management Act shall discharge pollutants from any ship into the sea by negligence;
The Defendant, at the time and place of the preceding paragraph, interrupted B as above, and thereby, leaked the wastes on the floor of the engine room into the sea (100m X width 10m in length).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each report on internal accidents (verification of the damaged status of a ship, and each stranding photograph) shall be governed by the Acts and subordinate statutes;