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(영문) 광주지방법원 목포지원 2014.04.17 2013고단1934
업무상과실선박파괴
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of the Jindo-gun's Haak fishing vessel C (9.77 tons and two crew members on board) of the Jeonnam-gun's Haak-gun.

On July 17, 2013, the Defendant, at around 23:30, sailed the steering gear directly from the port of the west-gun, Jindo-gun, Jindo-do, and entered the steering gear at the port on July 18, 2013, and was under contact from the owner of the vessel at the port of the port of the Gun-si, Sinsan-si, Sinsan-si on July 18, 2013, and was under contact on the owner of the vessel at the port on July 19, 2013 to enter the port of the port of the Mapo-si, Sinsan-si.

The Defendant had worked as the captain of various fishing vessels for about 10 years, but the above section was first voyageed, and there was distribution of various islands, rocks, water storage depth, etc. in the section intended for navigation. In such a case, the Defendant, as the captain, has a duty of care to check in advance the sea level of the section intended for navigation and grasp the risk factors of the sea route in advance. Also, the Defendant, as the captain, had a duty of care to prevent the destruction of the hull due to the entry of the vessel into the water depth by thoroughly utilizing the prota, etc., which is a navigation equipment indicating navigation information at the time of navigation

Nevertheless, the Defendant, when departing from the landing place of the Sinsan-si, Sinsan-si, and sailing on the ground of the flow map of the Sinsan-si, the Defendant: (a) caused a water depth area under Article 7 at the time to be located; and (b) caused the vessel’s hulls to be on the sea at the same time; (c) even though there exists a high risk that the vessel’s hulls will be on the sea (on the sea where water is stored, with a lot of floors or sand), the vessel’s hulls will be on the sea; (d) however, without prior inspection on the sea level of the section to be sailed; and (e) caused an occupational negligence, which was navigated on July 20, 2013 without using a proton installed in the steering house at around 06:20, 206, Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, by a water depth at the sea under Article 7 at around 3-mam of the sea.

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