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(영문) 광주지방법원 순천지원 2021.03.11 2020고단1547
업무상과실치사
Text

Defendant

A Imprisonment without prison labor for six months and for eight months, respectively.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner and captain of a fishing vessel C(2.14 tons) in the complex coastal fishing vessel C(2.14 tons) and the defendant B is the owner and captain of a fish farm D(1.83 tons) in the fish farm.

1. On January 14, 2020, Defendant A, on the part of 06:00, was found to have been approaching the above C at a port located in the Sin-Eup, Chungcheongnam-do, Chungcheongnam-do, Sin-si, in order to have been boarding and leaving the port and continuously approaching the former while sailing on the coastal waters of Songdo.

In such a case, the Defendant, as a captain responsible for the safety of vessel and crew, has been aware of the risk of collision of vessel in advance, and there was a duty of care to prevent the occurrence of the marine accident by taking sufficient action of avoidance, such as due regard, sinking, and sending ventilation signals to the other vessel.

However, the Defendant thought that the other party’s vessel would be avoided, and neglected to perform the above duty of care on the same day, caused the victim E (the 58 years old) who was on board D due to the shocking of the vessel and was on board D from approximately 50 meters away from the 50-meter east-do, Sinsan-do, Sinsan-do, Sin-do, Sin-do, B to the fore of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the fore part of the vessel and died due to an external

2. Defendant B

A. On January 14, 2020, the Defendant: (a) around 06:05 on January 14, 2020, on the part of the Defendant, on the part of the Defendant, was on board the victim E, who is the spouse of the Defendant, on board the said D in the offshore waters of the Sinsan-Eup, Do; and (b) was on navigation

In such a case, the Defendant is the captain responsible for the safety of vessel and crew, and is a place where the passage of a vessel entering and departing from a military port is highly likely to cause a collision between vessels due to frequent navigation of vessels at an inshore waterway, and thus, there was a duty of care to prevent a collision with other vessels, such as collisions, by thoroughly checking the situation in advance as appropriate.

However, the defendant seems to have no obstacle on the part of the defendant.

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