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(영문) 광주지방법원 순천지원 2018.09.28 2018고단1134

업무상과실치사등

Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The Defendant is the owner or captain of a fishing vessel B (7.93 tons) of a female fishing vessel and is engaged in the operation of the said fishing vessel.

At around 06:00 on October 14, 2017, the Defendant boarded 17 fishermen on the above fishing vessel, and sailed from a port of mountain in the Gun of Sin-Eup in Sin-si in Sinsan-si, after departing from a port of mountain mountain in Sin-si in Sin-si, and departing from the port of 0.4math of Sin-si to the port near the breadth, which is the destination, toward the sea of 14.5 knots at Sin-do.

At the time, it was difficult to take corrective measures prior to sunrise and there were many other vessels sailing on a narrow channel, so in such a case, a person engaged in the operation of the vessel has been obliged to pay attention to the duty of safe operation of the vessel by thoroughly checking the operation situation of other vessels through radar observations, etc.

Nevertheless, the Defendant neglected to observe this and failed to discover the victim C (68) sailing in the front section of the Defendant’s fishing boat at low speed in the same direction as the Defendant, which was operated by the Defendant, and proceeded without any alteration, so D (1 ton) with the Defendant’s fishing boat D (1 ton) operating in the front section of the Defendant’s fishing boat. In the process, the Defendant: (a) caused the Defendant’s fishing boat to shock the stern part of the Defendant’s fishing boat; (b) caused the Defendant to sinking the Defendant to the sea; and (c) caused the victims to fall on the sea.

Ultimately, the Defendant, by negligence in the course of performing the above duties, benefiting from the above victim at the site, and buried the above D in the sea where there is a person.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (as to the confirmation of whether the accident occurred, such as D work, etc., at the time of the accident), and situation report;

1. Aeronautical materials of the Coastal Sea Traffic Control Center, and outputs of the speed and course of time discrimination;

1. Certificate of loading, certificate of inspection of fishing vessels, statement of fishery permission, certificate of confirmation of fishing vessel business report;