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(영문) 인천지방법원 2016.01.21 2015고단7574
업무상과실치상등
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 captain of the Gyeonggi Kimpo Port B (coastal, 7.93 tons at coastal port, and shipowner C).

On September 9, 2015, the Defendant operated the above vessel around 01:30, and operated approximately 7-12N, 126-17E at the speed of approximately 7.5 knots-si, Jungpo-si, Jungpo-si, Jungpo-si, Incheon.

At the time, the distance was limited at night, and the wave was somewhat high from approximately 1.5 to 2 meters, so in such a case, the Defendant, who is engaged in the captain’s duty, has a duty of care to safely navigate, such as preventing collision with other objects by narrowly setting the distance set by the radar at low speed navigation. In such a case, the Defendant, who is engaged in the captain’s duty, has a duty of care to ensure safe navigation, such as preventing collision with other objects by checking the radar from time to time without dependent on the radar.

Nevertheless, the defendant's negligence in the course of duty, which had been operated on the sea continuously without speeding and neglecting the duty of an ex officio, led to the shock of the defendant's operation of the vessel D (7.93 tons of coastal self-defense, vessel E) with the center part of the vessel D, which was at anchor on the sea around the sea.

As a result, the Defendant, by the foregoing occupational negligence, caused the victim to suffer brain salva, etc. requiring approximately three weeks of medical treatment by having the victim F (54 cm) who was placed in the steering house, and caused the victim to suffer brain salva in need of approximately three weeks of medical treatment. At the same time, the Defendant destroyed the Plaintiff’s 2 seafarers (the captain F and the crew G) by making the outer board of the central hull of D D UN x 6m x 2m of the engine damaged the engine, by making the external board board of D UN x 65m of the engine damaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes of paragraph (D) of the collision vessel (D) photograph, collision vessel (D) photograph 2, diagnosis certificate (F), and estimate;

1. Relevant Article 268 of the Criminal Code for the crime (the point of practice and negligence).

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