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(영문) 부산지방법원 동부지원 2017.11.16 2017고단665

업무상과실선박매몰등

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Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in navigational duties of a ship as a second mate of the B (Ship Number C: C).

On November 3, 2016, the Defendant: (a) on November 3, 2016, around 05:05, on a day-to-day wharf, on the part of the captain and nine crew members on board the ship; (b) loaded liquefied gas 950 tons on the same ship; and (c) sailed on the wharf of Incheon at the Incheon port; and (d) on November 3, 2016, the Defendant, on duty by shift with the captain D, had the captain work on duty.

At night and in such a case, the Defendant was engaged in navigational affairs of the vessel, and thus, the Defendant has a duty of care to thoroughly check the radar surveillance and surrounding areas during navigation, and to carefully observe the movement condition, etc. of other fishing vessels, and prevent the collision from occurring.

Nevertheless, the Defendant neglected to perform the above duty of care on November 4, 2016, and operated B at the speed of approximately 12 nautical miles from the 6-nautical miles northwest-west, west-west, west-west, west-west, west-west, west-gun, and operated B at the speed of about 12 mt. At the same sea, the Defendant did not find the E at anchor while he was at anchor, and did not find the E while at anchor, and did not conflict with the center part of the above E at the right side of the above part.

Accordingly, the Defendant caused the death of a seafarer F (67 years) who was on board the above E due to such occupational negligence on the ground that he could not know the cause inside the previously returned vessel, and the Defendant suffered injury to the captain G (54 years), seafarer G (58 years), seafarer H (58 years old), seafarer J (47 years old), seafarer J (47 years old), and seafarer K (43 years old) for about two weeks of treatment.

2. The Defendant neglected to perform his/her duty of care at the above time and place, and caused G, H, I, etc. to be buried on the sea by being present E due to negligence in operation of the above B.

Summary of Evidence

1. Statement by the defendant in court;

1. L, D, I, H.