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(영문) 전주지방법원 군산지원 2014.04.30 2014고정29

업무상과실치사

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From July 2009, the Defendant is a person who is on board as a captain of a tugboat B (51 ton).

At around 06:50 on August 6, 2013, the Defendant started navigation by linking a tugboat C (535 tons, non-power-driven boats) on the sea of the 0.9math of the Gun-si Do-si Do-do 06:50, along with a barge C (535 tons, non-power-driven boats) on which the said tugboat and the sandbs, etc. are loaded, while at the port of the port, he was in the atmosphere of mooring, and then connecting a tugboat between the stern of the said tugboat and the above barge in a length equivalent to about 70 meters (42 meters in diameter, and a line connected to towing the barge).

In such a case, the Defendant is the captain of the tugboat that directs the fleet (referring to the entire fleet when a vessel tows or navigates by being towed or pushed the other vessel). As above, the Defendant has a duty of care to prevent accidents by failing to take measures, such as stopping the course of the tugboat and taking measures to safely evacuate the victim on the part of the tugboat, in order for people on board the barge to go from the barge to the stern with a construction stone on the cargo section of the barge because there is no protective board at all to go. In particular, the Defendant has a duty of care to prevent accidents by: (a) the victim D (48 years old) to walk on the stern side of the tugboat in the course of operating the tugboat and connecting the tugboat; and (b) if he has observed that people on board the barge walk on the left side of the tugboat, stop the course of the tugboat and take measures to safely evacuate the victim.

Nevertheless, in the course of operating a tugboat as above, the Defendant observed that the victim walked on the left-hand rail at the stern side of the barge in the course of connecting the towing course, but did not comply with the above duty of care, and operated the tugboat by linking the towing course as it is.