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(영문) 광주지방법원 목포지원 2018.09.07 2018고정137
업무상과실선박교통방해
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 a voyage of the tugboat B (B, 169 tons) of Incheon City Ship.

On January 18, 2018, around 14:00, the Defendant left the port near the construction site of the Newanando, where around 05:00, the Defendant left the port to Busan, under the above B (a barge, 1,050 tons), with towing C (a barge, 1,050 tons).

In such a case, the defendant, who was on board the ship for about 30 years and experienced near the construction site in the new age, was well aware that there was a light for a sea route sign board to facilitate the traffic of the ship on the sea at that place. Thus, there was a duty of care to maintain the safe distance and speed so that the light board board is not damaged by B and C ( barge) after closely checking the actual location of navigation equipment such as radars and navigation equipment and the light board board on the land.

Nevertheless, the Defendant neglected to do so and did not look at navigation equipment, such as radars, and did not confirm the exact location of the light through the land surface, and performed navigation in close vicinity to the light for the sea lane.

In the end, while the Defendant, by negligence in the course of its business as seen above, went through the sea near the school construction site of the new era, the Defendant obstructed the traffic of vessels passing along the sea by using a private sea route sign, which is a private sea route sign, installed at the sea with the permission of the Korea Fisheries and Fisheries and Fisheries Agency in Daewoo Construction, to go on a towing line connected between B and C, in order to attract approximately 1 km away from the south to the south, to change their location, and to lose their function by destroying part of the above part of the above part.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 189 (2) and 186 of the Criminal Act concerning the choice of punishment;

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

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