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(영문) 창원지방법원 통영지원 2014.04.25 2014고정69
업무상과실치상등
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the captain of the sight ship C(29t), and the defendant B is the owner of the above subparagraph C.

1. Defendant A

A. At around 10:10 on November 201, 2013, the Defendant: (a) boarded 104 passengers (91 passengers, 13 children, etc.) at a terminal located in Seogpo-gu, Seopo-gu, Busan, for the purpose of transporting the said subparagraph; (b) sailed at the speed of about 075 degrees, 075 degrees, and 13 knotss from the sea of the Geumpo-si, Seopo-gu, Seopo-gu, Busan, for the purpose of transporting the said subparagraph; and (c) around 10:55 on the same day, around 10:10, around 108:30 on the date, the Defendant set off the said subparagraph to the speed of 10 passengers, including the captain, for the purpose of transporting the said subparagraph, at the port of the common fish market located in Seopo-gu, Busan, Busan, for the purpose of transporting the said subparagraph, at around 10:55 on the same day.

Inasmuch as the navigation of a ship is frequent and the navigation of the ship was very limited due to the scarke, the Defendant, who is in the position of the captain who is in charge of the safety management of the ship, has a duty of care to prevent the collision with another ship by thoroughly using necessary navigation equipment, such as a radar in the steering house, and by taking necessary measures such as speed and scarkeing, and by taking measures such as speed and scarkeing, etc., to prevent the collision with another ship.

Nevertheless, the Defendant was negligent in failing to discover the other party’s vessel at sea (FIX 34-4.38N, 128-42.42E, 11:00 on the same day, on the 11:0 on the 11:0 on the same day, on the fIX 34-4.38 N, 128-42.42E) due to the failure to perform his/her duty at the front port, and thereby, received the team of E-

Ultimately, the Defendant, in collaboration with D, sustained injury by the victim F (the age of 45) who was seated in a passage in C due to the above occupational negligence, such as a garment fright, which requires approximately six weeks of medical treatment on board the ship, and the victim F (the age of 45).

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