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(영문) 광주지방법원 목포지원 2019.07.26 2018고단1236
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for three years.

Reasons

Punishment of the crime

The defendant is the captain of the ship B (0.5 tons) of the ship B in the east-gun, Newan-gun, and is a person engaged in navigation of the ship.

around 06:00 on October 14, 2018, the Defendant: (a) went to a nearby Kim-ro, Nanannam-gun; and (b) went to a nearby Kim-ro; (c) 16:25 on the same day, the Defendant operated the said vessel under the influence of alcohol concentration of 0.01%; and (d) 400 meters prior to D in front of the Yan-gun, Nanannam-gun.

In such cases, a shipmaster engaged in navigation of a ship must navigate at a safe speed, and when operating a ship with no electronic navigation equipment installed, he/she has a duty of care to safely operate the ship by taking into account its surroundings, preventing collisions with another ship, etc.

Nevertheless, the Defendant, while driving a C with no electronic navigation equipment in the state of lowering the ability of drinking, was driven by the Defendant at least 20 knife at a rapid speed of at least 20 knife and by the negligence of operating the ship at a rapid speed of at least 24 knife, and received the right side of C’s left side.

Ultimately, the Defendant, by negligence in the above occupational negligence, killed the victim G (V, 71 years old) and the victim H (V, 67 years old), respectively, due to external brain damage, and suffered injury to the victim E (V, 24 years old), such as salt, tension, etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement of each police statement to I, J, and K;

1. A corpse inspection report and a diagnosis report;

1.The situation report, the site of the occurrence of the incident, the photograph of the vessel concerned, the report on actual condition investigation, the report on actual investigation (with respect to the circumstances of the accident), the report on investigation (with respect to the results of field identification), response to on-site identification, the results of identification, and the results of identification;

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