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(영문) 대전지방법원 천안지원 2014.09.04 2014고정209
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of a motor boat C (0.75 tons) with power-driven water leisure craft.

1. At around 08:30 on November 13, 2013, the Defendant injured by occupational negligence: (a) departing from the port of Chungcheongnam-si, Chungcheongnam-si with the victim D (the 52 years of age, south) with a fishing boat C (0.75 tons) with a view to operating a steering gear of approximately 180 degrees and approximately 15 knotss at the speed of about 180 degrees and about 15 knotss on the port side of the above vessel while operating the steering gear at a fishing market.

In such a case, the defendant is the captain of the stand-on vessel who shall maintain course and speed, and when he judges that the action of the give-way vessel alone is very close to the give-way vessel and the action of the give-way vessel alone cannot avoid collision, the defendant has a duty of care to avoid collisions with other vessels by making full cooperation to avoid collisions and by using all available means, such as visual and hearing, and all available means, to sufficiently grasp the surrounding situation and the risk of collisions with other vessels, at all times, and to prevent collisions with other vessels.

Nevertheless, the Defendant neglected the surrounding boundary, thereby not making sufficient cooperation to avoid collisions even though it was impossible to avoid collisions by the action of the give-way vessel only by approaching the give-way vessel with the action of the give-way vessel. On November 13, 2013, the Defendant suffered from the injury requiring three weeks of medical treatment due to the collision between the part on the port side of C and the part on the part on the part on the other side of the victim D (the 52 years old, south) on board C (the 126-27.823 of the east-do, Chungcheongnam-do, Chungcheongnam-do, west-do, at around 09:0 on November 13, 2013.

2. The Defendant caused the destruction of a ship by occupational negligence to lose the utility of the ship by destroying (repair cost) the on-site plate of the instant victim D (the age of 52, South) to which the said victim D (the age of 52, South) had existing.

Summary of Evidence

1. Part of the defendant;

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