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(영문) 제주지방법원 2016.11.16 2016고단1942
업무상과실선박전복등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is the owner of the Han-si Coastal Complex Ships B, who is concurrently the owner of the above ship and is engaged in the operation and management of the above ship.

At around 18:00 on May 23, 2016, the Defendant: (a) set the steering gear automatically at the sea near 10:30 on the same day while leaving the port where three seafarers embark; and (b) having been operating directly at the sea near 2:3 miles, the Defendant was operating the steering gear automatically at the sea near 20:30 on the same day.

Since there is a high possibility that cancer exists in the coastal sea area, the defendant in charge of the operation of the ship has a duty of care to keep an appropriate boundary at all times by using all means suitable for the situation such as vision, hearing, and situation, such as referring to the situation in preparation for the sudden situation, such as the appearance of rocks.

Nevertheless, the Defendant neglected this and operated a stroke on the same day due to occupational negligence while driving a stroke, at around 22:00 on the same day, and did not discover the rocks of the front side of the ship in the sea area near the northwest-west, and caused damage to the bottom of the ship due to the damage of the upper part of the strokeel of the ship at the bottom of the stroke on the ground that the stroke part of the ship was passed into the ship and the above ship was returned to the ship at around 07:00 of the same month.

2. No person who violates the Marine Environment Management Act shall discharge pollutants from any ship into the sea;

Nevertheless, at the time and place specified in Paragraph 1, the Defendant leaked approximately 90 litress of light oil contained in the above fuel tank, which had been destroyed in the course of the vessel's mooring due to the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation, report on the comprehensive information system for ship entry and departure control, notification on detection of ships violating the Marine Environment Management Act, A's personal seal, and on-site pictures;

1. Data on observation of tides;

1. The actual survey report and on-site photographs;

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