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(영문) 광주지방법원목포지원 2020.08.25 2019고단1464
업무상과실선박파괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person in charge of the operation of a ship, who has 11 passengers aboard the ship as the chief of the navigation department in B (168 tons) of the fishery guidance control ship.

At around 06:00 on September 29, 2018, the Defendant operated the above B and started the service of controlling fishery guidance by starting the new harbor in Yanan-gun, Chungcheongnam-gun. On September 29, 2018, around 08:40 on September 29, 2018, the Defendant, at sea (36-26N, 126-12E points) near the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Yan-gun, Chungcheongnam-gun, and 230∑, with a speed of about 10 knots, was dedicated to the vessel in accordance with the watchkeeping chart.

The coast has a large number of islands, so the coastlines are complicated and the sea area where navigation is impossible due to low depth of water such as the exposure of the seabed above the water surface when low tides. Therefore, a person engaged in the navigation of a ship sailing at such a place has a duty of care to prevent accidents by ascertaining risk factors related to the safe navigation of a ship, such as navigation of a sea route and an obstruction around the sea route, and establishing a navigation plan, etc. using the latest seawater and port necessary for scheduled navigation in advance.

Nevertheless, the Defendant neglected to do so and did not depend only on inaccurate GPS displays, and did not depend on inaccurate mal miless from the northwest of the outer wave water system (N 36-26.80, N 126-12.15) and caused the above vessel to do flooding over about 2.7 meters in depth and mal miless from the northwest of the outer wave water system (N 36-26.80, N 126-12.15), and caused the above vessel to do flooding over about 2.7 meters in depth, and caused the vessel to do so at least 30 centimeters in length, the outer bottom of the vessel on the port side to have approximately 210cm in width, about 30cm in width, and about 10cm in width, and about 30cm in width of the vessel on the port side.

Ultimately, the Defendant destroyed the above B, which is a ship with people due to such occupational negligence, to have approximately KRW 270 million of repair cost.

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