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(영문) 광주지방법원 목포지원 2017.07.07 2017고정272
업무상과실선박전복등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is responsible for the safe shipbuilding and operation of a ship as the captain of a wooden cargo ship C (123 tons) cargo ship.

On July 25, 2016, around 04:15, the Defendant, at the three wharfs north-west port 15, 2016, 2 crew members, 7 passengers, and 7 cars were loaded on the said cargo, departing from the port to the river of the Haan-gun, 04:31 on the same day, 04:31 on the same day, sailed to the 10.5 knots between the route of the Yan-gun and the route of the Yan-gun.

Unlike the above, the waterway between the Do and the Do, and at the time, there was a new wall time and a dog, so in such a case, the Defendant, the captain, has a duty of care to reduce the speed, place the dog staff, conduct towing the radar, seek to check whether there is a vessel sailing near the port sea traffic control center (S), and if there is a sailing vessel, there was a duty of care to prevent the collision with other vessels in advance.

Nevertheless, the Defendant neglected this and discovered the victim D(53 metric tons) drive E (1.52 tons) which was proceeding in the opposite direction of the said cargo line due to negligence, and then got off the said E, and got back the said E, and at the same time, suffered injury, such as cage cages, etc. which require approximately four weeks of treatment by the injured party, by falling down on the sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol concerning D, and suspect examination protocol concerning D;

1. Each item, reporting on the occurrence of collisions, instruction for confirmation, and notification;

1. (Attachment) Any photographic and (Attachment) medical certificate (E) application of Acts and subordinate statutes;

1. Article 189 (2), Article 187 of the Criminal Act, and Article 268 of the Criminal Act, as to the facts constituting an offense (a point on duty and on duty).

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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