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(영문) 춘천지방법원 강릉지원 2017.06.07 2016고단1733
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner and captain of B B shipment C (2.99 tons, fishing ground management vessels) and is engaged in fishery as a captain at the time of third party.

Around July 11, 2016, the Defendant was designated as a fishing control vessel for the above vessel. On the 25th of the same month, the Defendant purchased and stored the air compression machine, which is a machine that supplies air to divings at the time of underwater work, from the earth at the time of underwater work, and installed the above air compression machine on August 2, 2016 in the above vessel.

On August 4, 2016, the Defendant, at around 05:31, instructed the victim D (43) who is a seafarer, to get aboard the above vessel and depart from a port where he was located, to take off a port where the officer, who is a joint fishing ground in the fishing village village, was located at the sea of about 0.4 Ma, which is a joint fishing ground in the fishing village village community, to have the victim D, the seafarer, d, lock at the same place, and to be supplied with air through the air compressor and air hos connected thereto.

At the time, the victim's work place was 25 to 40 meters in water depth, and the air supply was not smoothly achieved due to air compression machines failure, etc., and the victim was at the place where the potential risks to life and body were high, such as divings due to a sudden change in water pressure when the victim was at the same time due to a sudden increase in the water surface, and there was a high possibility that the damage was at the same time due to a sudden change in water pressure, and there was a high possibility that there was a danger to life and body.

When a captain allows crew members to work underwater in accordance with the air compressors at the above place, he/she shall thoroughly check whether the operation condition of the air compressors, such as checking air compressors before work and replacing worn-out parts, etc., and thoroughly check whether there are abnormal conditions and problems in the air compressors, such as blocking the supply of oxygen due to damage to air conditionings, etc., and require divings to work in a state of carrying a portable air tank on the water so that the water can grow slowly.

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