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(영문) 광주지방법원 해남지원 2018.05.31 2018고단76
업무상과실선박전복등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of B (44 tons, Busan City's loading, towing, and two boarding crew) and a person who tows C (1,594 tons, non-powered sea-driven vessels, and one boarding crew) with the steering of B.

1. No person who is under the influence of alcohol with at least 0.03% of alcohol in blood in violation of the preceding law of the sea year shall operate the steering gear of the ship for operation;

Nevertheless, around 16:00 on October 8, 2017, the Defendant operated B (4 tons) under the influence of alcohol content of about 14.01 nautical miles ( approximately 26 Km) between the 7 nautical miles of Jeju and the 19:10 on the same day from the 7 nautical miles of the bank and the 19:10 on the same day to the 5 nautical miles of the South Jindo-gun, Jindo-gun’s Chonam-gun’s tidal miles, and under the influence of alcohol content of about 0.05%.

2. Around 07:00 on October 8, 2017, the Defendant, on duty, boarded-gun’s entire vessel, boarded-gun’s ship to B (44 tons) departing from the port of expansion of the remaining Jindo-gun’s port to the port of destination, and operated the said vessel. At the time, the said vessel was towing C (1,594 tons, non-powered bus bars, and one boarding crew). On the same day, at around 18:43 nautical miles at the early north bank of Jindo-gun, Jindo-gun’s 18:43 nautical miles on the same day.

The Defendant did not operate the steering gear under the influence of alcohol, and the Defendant had a duty of care to safely navigate the vessel in a manner that does not cause harm to the vessel and the passengers on board the vessel, by closely grasping the condition of the vessel in the vicinity, such as towing the radar, etc., and preventing the collision of vessels C and other vessels towed by B and B, which are under navigation.

Nevertheless, the Defendant neglected this and operated the vessel under the influence of alcohol level 0.05% while in blood, and did not see the boom well, and did not see the rasor at all.

Ultimately, the defendant did not perform his duty of care as above, and the defendant was negligent on October 8, 2017, which was the first north bank of Jindo-gun, Jindo-gun around 18:43 on October 8, 2017.

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