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(영문) 창원지방법원 통영지원 2015.07.06 2014고정489
업무상과실전기공급방해
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

The defendant is the owner and the captain of Busan P(24 tons) tugboat.

On May 14, 2014, at around 14:17, the Defendant was towing the barge E (602 tons) in a tugboat operating D at the sea point of the end of the 0.1math day of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

The above sea point is the sea where a electric cable is installed to connect the mountain village with the mountain village of Gyeyang-gu that supplies electricity for public use.

In such cases, the Defendant, who is the captain of a ship on a voyage, has a duty of care to confirm the height of electric wires listed on the sea according to the notice of navigation, and to not interfere with the supply of electricity for public purposes, such as contact with the electric wires at the time of navigation.

Nevertheless, the Defendant did not grasp in advance the height of the electric wires, and confirmed whether the height of the boom boome (31.32m) loaded in a barge is a height (a around 31m) allowing the electric wires to contact with the electric wires, and did not take sufficient measures such as lowering the boom boomer boom or suspending towing and mooring, etc., and obstructed the supply of electricity for the general public by having the boomed by the negligence of the boomr, which is loaded on the said barge, and caused the collision and damage to the boomr, which is loaded on the said barge.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A report on internal investigation (the examination of the damage level of electric wires and on-site inspection, etc. of the height of electric wires installed between the tidal chart and the ethical chart, and the details of the first report on witnesses and refusal to make statements);

1. Application of Acts and subordinate statutes to each investigation report (STV image data verification, verification on the height of electric wires installed between the snife and the snife map, and verification on DAIS navigational chart and radar image data);

1. Articles 173-2 (2) and (1) and 173 (2) of the Criminal Act concerning the relevant criminal facts, the selection of fines;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

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