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Reasons
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(영문) 제주지방법원 2013.08.28 2013고단433
업무상과실선박파괴
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Defendant shall be punished by imprisonment without prison labor for eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At Jeju, the Defendant is the captain of D(39 tons) who is an inshore fishing vessel of C shipment, and is engaged in operating the said vessel.

On February 14, 2013, around 03:40, the Defendant laid the stringer of the above D, which was a scoppy, in the southwest-west-west-west-west-west-west-west-west-si, and sought and moved the operation place at the speed of 180 degrees and 8 knotss by the suspect himself/herself.

At night, there was a duty of care to prevent accidents by operating a ship by taking appropriate measures, such as displaying a light that interferes with long-distance towing using radars and illumination at night, which may interfere with viewing at night.

Nevertheless, the Defendant neglected to do so and neglected to see deck lights (8,150W), and caused loss of the utility of the ship by making 13 persons, such as the captain E, etc., on board the ship at the 33-nautical miles (61km, 32-48N, 126-09E) from the southwest-west-west-west-west 33 nautical miles (61km, 32-48N, 126-09E) from the occupational negligence in the course of operating the ship, without seeing the arbitr.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and G;

1. Each statement of H, I, and J;

1. The photographs of the collision fishing vessel;

1. Application of the Acts and subordinate statutes to the DNA TPPPPPPPPPPPPP guide photographs, internal investigation reports (inception vessel specifications and collision details);

1. Relevant provisions of the Criminal Act and Articles 189 (2) and 187 of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that a ship in which people exist is destroyed due to the negligence of the defendant, which could lead to a big accident, that is not agreed with the owner G of the damaged ship, and that the amount of damage caused by this accident.

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