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(영문) 창원지방법원 통영지원 2015.04.03 2014고단885

업무상과실치상등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the defendant shall be sentenced to the above punishment for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. Injury by occupational negligence, the defendant by occupational negligence, burial of ships by occupational negligence, shall be a fish farm of a fishing boat C (7.93 tons) of coastal sea cab vessels.

On July 26, 2014, at around 19:25, the Defendant, along with seven seafarers, operated the above vessel directly for the shift of meals at the sea around the 20:00 on the same day after boarding and leaving the said vessel, in order to engage in the salvage operation at the non-opic port located in the non-opic port located in the Sinsan-si, Sinsan-si, Sinsan-si.

At around 20:52 on the same day, the above vessel was operated at approximately 0.3 miles (Fix 35-4.38N, 126-26.3E) at sea (FIx 35-4.38N, 126-26.33E) at sea, with a speed of about 240 degrees and speed of 7 knotss. At night, at night, and with a large number of insides, the visibility was unclear. In such a case, the above vessel had a duty of care to safely operate the vessel so that it can sufficiently grasp the surrounding situation and the risk of collision with rocks, etc., so that the vessel’s navigation could safely be able to safely operate the vessel by using the GPS display, the radar, and the radar, etc.

Nevertheless, the defendant did not properly state the GPS PS PP PPPPPPPPPPPPPPPPPPPP, and did not discover the above sea rocks due to the negligence of operating in a timely manner without properly showing the front door and right door, and the collision took place, and buried the above fishing vessel with human beings on the sea.

Ultimately, the Defendant, at the same time, sustained the victim D (the age of 55) who was on board the above fishing vessel due to the above occupational negligence, who was unable to know the number of days of treatment.

2. On July 26, 2014, around 20:52, the Defendant violated the Marine Environment Management Act, buried the above C at around 0.3 miles (Fix 35-4.38N, 126-26.33E) on the sea (Fix 35-4.38N, 126-26.3E) with the same negligence as that described in paragraph (1), and buried approximately 600 liters via the oil stored in the engine room of the fishing vessel.