업무상과실치상등
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is the captain of Jeonnamdo Shipping C (9.77 tons) and is in charge of overall management and navigation of vessels.
On February 12, 2014, at around 18:30, the Defendant was on board C for fishing at the port of the west-do, Jindo-gun, Jindo-gun, and thereafter departing from the port on February 12, 201, and around 18:45 of the same day, the Defendant was on board C, at about 20 km ( approximately 37 km/h) at the speed of Sindo, on the sea near the port of Jindo-do, Jindo-do, Jindo-do, Jindo, the Defendant was on the sea at approximately 0.5 Mam ( approximately 926 m) (hereinafter referred
(E) The method of measuring the distance and shape to the subject matter was confirmed by measuring the e-mail towards the subject matter. (The method of measuring the distance and shape to the subject matter).
In such a case, the defendant is running at a safe speed to take action against the port with sufficient time.
There was a duty of care to avoid the collision after confirming the kinds, movement paths, speed, etc. of the objects caught at the same time.
Nevertheless, the Defendant was negligent in continuing navigation at the speed of about 20 knotss at a safe speed so that it can take action to avoid a port, while continuing navigation at the speed of about 18:50 on the same day, and received the outer wall of the on-site steering house D (4.95 tons) at the sea of the 1stma of the 1st, dong-do-dong, Jindo-do-do-dong, 18:50 on the same day.
Accordingly, the Defendant caused the victim E (the 55 years of age) who is the captain of the above D due to the above occupational negligence to suffer injury, such as brain salvy in need of treatment for about three weeks, and at the same time, buried at the sea where there is a human being.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. A written statement;
1. A general medical certificate;
1. Aeronautical data reply, V-Pass anti-port data;
1. On-site reports on the results of collisions, reports on investigation reports, and application of Acts and subordinate statutes governing responses;
1. Article 268 of the Criminal Act and Article 189 of the Criminal Act concerning the crime.