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(영문) 광주지방법원 순천지원 2018.06.28 2018고단716

업무상과실치상

Text

[Defendant A] The defendant shall be punished by imprisonment without prison labor for six months.

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

Reasons

Punishment of the crime

1. Defendant A is the captain of the fishing vessel C (9.7 tons).

On September 29, 2017, around 13:30 on September 29, 2017, the Defendant: (a) boarded 20 fishermen on board at the landing place of the domination-dong; and (b) completed fishing at the port near the sea; and (c) on September 30, 2017, the Defendant entered the port of female water, which is the port of departure, into the port of departure at around 05:00.

At the time, a number of fishermen were on board, and there are many vessels sailing, so the captain has a duty of care to prevent collisions with other vessels by thoroughly monitoring land dogs and radars until the ship enters the mother port and to safely navigate the ship.

Nevertheless, the Defendant neglected this and neglected to check the shores of the vessels on navigation and to monitor the radars on September 30, 2017 at around 07:20 on September 30, 2017, the Defendant did not discover any D crossing at the port side of C at approximately 150 meters prior to the arrival of the national flag at the port of the C, and received D’s moulds on the top of C’s lebane.

Ultimately, the Defendant suffered injury to the victim E (V, 70 years of age) who was on board D due to the above occupational negligence, by causing approximately 10 weeks of medical treatment to the victim, such as the sofacing of vertebrates that require approximately 10 weeks of treatment.

2. Defendant B is the captain of a carpet passenger ship D (115 tons).

On September 30, 2017, the Defendant: (a) on September 30, 2017, 07:10, on the first place of the security guard, the Defendant had four passengers, etc. on board the ship at the seat of the police branch; and (b) on September 30, 2017, the Defendant was sailing at the seat of the police branch at the national

At the time, several passengers were on board a passenger ship, and there were many ships sailing, so the captain has a duty of care to prevent collisions with other ships and to safely operate the ship by thoroughly monitoring land dogs and radars until the ship enters the mother port.