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(영문) 창원지방법원 마산지원 2015.01.27 2014고정714
업무상과실선박파괴등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The defendant is the captain of Masan Coastal Fishing Vessels B (4.56 tons) who is engaged in navigation of the above vessels.

On August 16, 2014, at around 09:00, the Defendant operated the above vessel on board C, D, E, and F, including the Defendant, and passed through the neighboring sea of the Simsan-si, Changwon-si.

In such a case, the vessel’s navigation duties are scattered at a place where the red-slow farming grounds and leisure fishing grounds are scattered, and the vessel’s navigation duties are destroyed by the collision of tourist fishing grounds (No. 7), which are the piracy of the Defendant’s navigation vessel, due to the negligence of neglecting the duty of care to prevent accidents in advance and neglecting the operation of the vessel, despite the fact that the person engaged in the operation of the vessel has maritime structures around it, and neglecting the duty of care to prevent accidents, while neglecting the duty of care to prevent accidents.

2. The Defendant injured by occupational negligence, at the time and place set forth in Paragraph 1, caused the collision between B and B on a leisure fishing ground, a marine structure, and caused damage to the victim C of which the Defendant was on board the ship, to the extent that the victim C was on board the ship, including the victim C’s right 4 and 7 weeks of treatment days, which require approximately 6 weeks of treatment, and the victim D’s injury such as brain supper, etc. requiring approximately 2 weeks of treatment, and the victim E’s injury to the victim E, and the victim F was on the bridge of the bridge in need of approximately 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement;

1. A report on detection of a host driver;

1. Collision photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 189 (2), 187, and 268 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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