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(영문) 대전지방법원 홍성지원 2020.05.26 2020고단44

업무상과실선박전복등

Text

[Defendant A] The imprisonment without prison labor for Defendant A shall be set forth as six months.

except that this judgment shall be rendered against Defendant A.

Reasons

Punishment of the crime

Defendant

A is a captain of a charter fishing boat C (3.8 tons) for Hongsung-gun shipment, and Defendant B is an owner of rubber boats (4.9ma) and a steering seed.

Defendant

A around 05:30 on September 1, 2019, at the port of the West-gun, Hongsung-gun, Hongsung-gun, on board nine fishing passengers, and went through a fishing operation for fishing at the sea near the Yancheon-si, Yancheon-do, Yancheon-do, and went through a fishing operation for fishing at the sea near the Yansan-do, Yancheon-do, and around 08:23 on September 1, 2019 in order to move from the sea near the 0.3 nautical miles southando to the inland area, approximately 294∑, speeded about 7 knots. Defendant B was on a navigation at the sea near the 0.3 nautical miles of the Yando, Yan-do, Hongcheon-do. At the same time, 0.3 nautical miles-do, at the 0.3 nautical milesando.

In such a case, Defendant A has a duty of care to prevent an accident of collision with other vessels by safely operating a power-driven vessel, such as ascertaining the risk of collision and the way to avoid collision, in order to fully grasp the surrounding situation and the risk of collision with other vessels as the captain of a power-driven vessel under way. In particular, Defendant A has a duty of care to prevent an accident of collision by safely operating the vessel through navigation of the vessel, such as checking the object on the land and understanding the course of collision and the way to avoid collision, and Defendant B has a duty of care to ensure that the captain of the rubber boats under way can fully grasp the surrounding situation and the risk of collision with other vessels at all times using all means that can be used in accordance with the prevailing circumstances, hearing and prevailing circumstances, and in particular, there is no obvious danger of collision unless the flading of a power-driven vessel is clearly changed in the course of collision.