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(영문) 대구지방법원 경주지원 2014.03.18 2014고정8
업무상과실선박파괴
Text

Defendant shall be punished by a fine of three 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 a person who is engaged in the operation of the above ship as a voyage with B 220 tons of loading Busan Metropolitan City.

On April 17, 2013, the Defendant, at around 03:34, operated the above vessel and discovered two-nautical miles in the Dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (3.72 tons) a two-way shipper sailing at the sea of about 3 miles in the distance. In such a case, the person engaged in the vessel operation has a duty of care to prevent the collision in advance by taking into account the situation of the above C, i.e., the person engaged in the vessel’s operation

Nevertheless, the Defendant neglected this and continued operation in close vicinity to the above C as it was due to the negligence of the above C’s failure to continue operation.

Ultimately, the Defendant destroyed the engine room, ported red light, antenna light, etc. among the hulls of the above C by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. C photographs of the damaged vessel;

1. Application of Acts and subordinate statutes requesting appraisal;

1. Articles 189 (2) and 187 of the Criminal Act applicable to the crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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