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(영문) 광주지방법원 목포지원 2018.04.27 2017고정531
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of passenger ship D (272 tons) operated by C Co., Ltd. and is a person in charge of the safety operation of ships and prevention of safety accidents by passengers.

The Defendant, around 12:50 on June 18, 2017, was operating the said vessel at approximately 13 km not speed in order to come to a ero-ray of west-gun, Nananananan-gun.

The captain of a passenger ship shall place additional personnel according to the circumstances so that the ship can navigate at a safe speed (such as the distance of stop of the ship), and shall take measures, such as reduction, etc., to ensure that the ship can navigate at the arrival of the ship, and have a duty of care to prevent safety accidents of the ship and passengers, by taking preventive measures against safety accidents so that the ship can navigate at the arrival of the ship safely.

Nevertheless, even though the defendant needs to continue to be placed with additional personnel due to knee artificial aftermathing surgery, he did not assign additional personnel, and even though he had to gradually reduce speed due to the aftermathing, he did not reduce speed due to the above aftermathing, by negligence on June 18, 2017, at around 12:51, he did not reduce speed during the above aftermathing to the above aftermathing to the right-hand side of the passenger E (46 years old) who is a passenger on board the above vessel and caused injury to the above vessel requiring medical treatment for about 3 weeks due to this collision.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to F, G, E, and H;

1. Each statement;

1. The application of Acts and subordinate statutes to reply to a request for anti-port data, each medical certificate, and a certificate of hospitalization and discharge;

1. Article 268 of the Criminal Act applicable to the crimes and Article 268 of the Selection of Punishment Act;

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

1. As to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

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