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(영문) 광주지방법원 순천지원 2017.09.28 2017고정259

업무상과실치상등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the owner of a view fishing vessel B (4.87 tons) of the view fishing vessel (4.87 tons), was engaged in fishery as the captain of the same vessel.

1. On March 3, 2017, the Defendant: (a) around 14:00 on March 3, 2017, the Defendant was on board a fishing vessel owned at the sea of 150 meters northwest-gu, Doyang-gu, Doyang-gun, Doyang-gun, Doyang-gun, in order to embark with C and move to the speed of about 10 knots to enter into the same paragraph.

Since the above sea level of the risk of maritime accidents, such as collision with another vessel due to frequent navigation and navigation of the vessel, the captain, the captain of the vessel operating the vessel, has a duty of care to thoroughly see the situation of the vessel, and to take the initiative to see the existence and movement of another vessel by using various navigational equipment, such as radars installed on the vessel, etc., when the risk of collision happens, to prevent the collision, such as collision with another vessel, or by appropriately using the engine.

Nevertheless, the Defendant neglected to perform the above duty of care on March 3, 2017, and did not discover Category D (the water leisure craft, 0.48 tons on board, 10.48 tons on board), and did not find Category D (one person on board) with anchored at the sea of 150 meters (the 12nd 31st 31st east, east, 127 degrees, 07 34 second east) south-west-west, Doyang-gun, Doyang-gun, Doyang-gun, Chungcheongnam-gun, North Korea, North Korea on the northwest-do, and caused the collision of Category D players with B, thereby resulting in a collision between the captain E (78 o) who was married to D and was under fishing to the left-hand side of the 4 weeks left-hand side during the treatment period of the 4 weeks left-hand side.

2. As stated in paragraph 1, the Defendant, as the Defendant, had a collision with each other, buried the above D on the sea where there is a person.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. Report on the occurrence of collision;

1. Evidentiary photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act, Article 268 of the Criminal Act, as to the facts constituting the crime.