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(영문) 인천지방법원 2014.01.07 2013고정4502
업무상과실선박파괴
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the captain of Yeonsu-gu Transportation Ship B (21 ton, diesel640 ton, FRP) of the catch shipping ship in Incheon-gu.

On September 10, 2013, around 01:30 on September 10, 2013, the Defendant moved a fireworks to B and operated a ship at a speed of approximately 7 knots in the speed of Incheon at the time of speed to the port of Incheon, and was making a voyage, the Defendant considered the urine through the front side of the steering house.

In such a case, as a captain responsible for safe navigation of a ship, the defendant has a duty of care required for business to stop the ship at a safe place, or to take measures to have another seafarer operate the ship, to prevent a collision, etc. in the rock.

Nevertheless, at around 05:05 on the same day, the defendant believed that the defendant will be able to safely safely, and sailed at approximately 7 knots, while leaving a vessel at a speed of approximately 3 meters, destroyed the ship in which there are only one other than D, such as where approximately 2 meters of length and 50cm of width are broken off on the side of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the ship at approximately 05:05, by negligence, at approximately 3 meters away from the fore part of the fore part of the fore part of the ship.

Summary of Evidence

1. Statement by the defendant in court;

1. Situation report;

1. A copy of the B ship document;

1. Application of Acts and subordinate statutes for confirmation of damage (two photographs) to B;

1. Article 189 (2) and Article 187 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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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