(영문) 대구지방법원 포항지원 2016.07.13 2016고정187

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2016.07.13 2016고정187

업무상과실선박파괴

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner or captain of a fishing vessel B (9.77 tons) combined with the coast of Gyeong-gun, Gyeong-do, Gyeong-do and is engaged in fishery.

On December 13, 2015, at around 13:13, 2015, the Defendant, along with the seafarers C, went to the port of Ulleung-gun, Ulleung-gun, Ulleung-do, the port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port in Ulleung-gun, Ulleungdo, and gone to the port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port of port.

In such cases, in order to fully grasp the risk of collisions with other ships or structures at the time of navigation, the Defendant, who is the captain, shall thoroughly use all means suitable for the situation at the time and the surrounding boundaries, and in particular, when sailing by using the automatic steering system as above, the Defendant has a duty of care to make every effort to prevent collisions with the ships or structures installed on the coast, such as those on the navigation route or in operation.

Nevertheless, the Defendant neglected to operate a stroke and failed to become aware of the arrival of B, and the Defendant, at around 07:08 on the same day, conflicted with the tetroke and underwater rocks, which are installed at the neighboring coast of B, such as the South-do, Ulsan-do, Ulsan-do, Seoul-do, Seoul-do, on the same day.

As a result, the Defendant destroyed that sea water inside the hull, such as engine room, etc., flows into sea water, hulls, engines, etc., and damaged that amounting to KRW 58,032,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. B ship documents;

1. Application of B damaged photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 189(2) and 187 of the Criminal Act concerning criminal facts, the selection of fines (the first offender, and the fact that the defendant himself/herself suffered economic loss due to the accident in this case, etc.);

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

1. The order of provisional payment;

참조조문

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