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(영문) 인천지방법원 2014.10.23 2014고합567

업무상과실치상등

Text

Defendants shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

Defendant

A is the captain of D(228 tons) who is a coastal passenger ship, and the defendant B is the captain of E(9.77 tons) who is a charter fishing boat.

Defendant

A, around 15:10 on July 19, 2014, around 15:10, around 15:10, from the Incheon Coastal Passenger Terminal, 309 passengers on board D and 6 crew members on board, and 118 passengers on the 16:10 on the same day, entered the pool-gun of Incheon Si, pool-gun, Incheon, and disembarked from the port to the 16:15 on the same day, and sailed at the speed of about 20 knots at the speed of 16:15 on the same day.

Defendant

B, around 05:00 on July 19, 2014, around 05:00, at the Jindo-gun, Cheongjin-gu, Incheon, Incheon, on board the 14 passengers, two crew members, and engaged in fishing operations at the neighboring sea of the Cheongjin-gun, Incheon, and around 15:30 on the same day, at the speed of about 14 knotss in order to enter the Jindo-gun, Incheon.

At the time, it was difficult to detect adjacent vessels due to the absence of farming duty, so the person engaged in the operation of the vessel shall operate the vessel at a safe speed, have the crew check the vessel, and if the watermark confirmed by the radar is not clear in advance, there is a duty of care to navigate after the vessel completely stops or breaking the danger of collision.

Nevertheless, at around 16:25 on the same day, Defendant A discovered the E sailing at the sea of approximately 0.7 E on the 1.5 math day from the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of Incheon Sipo-si, Incheon, and continued to maintain the speed of approximately 20 knots, and discovered the E from approximately 100 meters to the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth of the eth.