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(영문) 제주지방법원 2014.09.17 2014고정661
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the captain of C (the Jeju-si Loading, the inshore succession, and 9.16 tons) who is engaged in the operation and management of the above vessel.

On April 19, 2014, at around 06:00, the Defendant completed the operation on the sea at 16-mam (33-18N, 127-15E) south-dong-dong-dong, Sungsan-si located in Sungpo-si, Sungpo-si, and then recovered the reduction connected to the poppy using the roller installed on the Poppy to recover the seedlings.

Since the reduction connected to the poppy is highly likely to cause an accident between the reduction, a person who manages and supervises the above work shall conduct adequate safety education, and when an accident occurs due to the separation between the operating location and the roll, it shall be immediately suspended when a problem occurs due to the placement of a separate seafarer in the operating position in the situation where it is impossible to immediately suspend the work, and the method of such emergency situation is sufficiently notified to the seafarers, and there is a duty of care to prevent the physical condition of a seafarer in the work or the accident, etc.

Nevertheless, the Defendant, without any placement of a seafarer who operates and stops safety education or a strawer's position, puts the victim D (57 years old, South) who opened the strawer's dyke line on the strawer operating due to the negligence of leaving the strawer operated without taking urgent and other safety measures, in the situation that the strawer connecting the strawer's strawer's strawer's strawer's straw, while the strawer's strawer's strawer's strawer's strawer's strawer's strawer's strawer's strawer's strawer's strawer's straw.

As a result, the Defendant caused the victim to suffer injury on the left-hand side of the 4 weeks of medical treatment, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police officer with respect to E and D.

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