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(영문) 부산지방법원서부지원 2020.11.27 2018고정119
업무상과실선박매몰등
Text

[Defendant A] The defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Part of the facts charged is revised to the extent that it does not disadvantage the defendants' exercise of their right of defense.

Defendant

A is the master of Busan Shipping D(200 tons) in order to manage the safety of the ship. Defendant B is the mate of the above tugboat, who is engaged in the navigation of the ship, and Defendant C is the corporation established for the purpose of tugboat and barge business.

1. At around 11:30 on February 21, 2017, Defendants A and B, on the part of Defendant A and B, on board D at a small-scale collective burial ground located in Manan-dong, Incheon Metropolitan City, and on the part of Defendant F-owned G (2,150 tons) that three persons, including E, on board, moved to the sinking-do port located in Busan, which is the destination, while moving to the Seocheon-do port located in Busan, which is the destination, around February 23, 2017.

At the time, the maritime weather has deteriorated, such as when the wind of 14m or more continues for at least three hours at the sea near the sea of the Yellow Sea or when it is anticipated that the wind of 3m or more is spreading, and thus, the defendant A, the captain of D, has a duty of care to prepare a communication network to communicate between the tugboat and the towed in preparation for emergency situations that may occur in the towing process, avoid a safe navigation, and prevent accidents in advance, and the defendant B, the captain of D, has a duty of care to make sure that the captain report the weather situation to the safe place when it is difficult to do towing due to the bad weather of the vessel, etc., and there was a duty of care to prevent accidents in advance.

Nevertheless, as the Defendants neglected this and flow into a high wave by negligence of operating a tugboat D, G cut the line and cut it into a nearby rock, and G cut it into a nearby rock. On February 23, 2017, at around 09:25, G at the sea of 1.7 nautical miles in the southwestwest.

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