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(영문) 부산지방법원 2016.08.25 2016고단1933
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of the P(29 tons) fishing vessel C(29 tons) of the PPPPP at the time of SPP.

1. On February 17, 2016, around 09:00 on February 17, 2016, eight persons, including the Defendant, departing from the port of the Sungpo-Eup Sungpo-Eup, Seopo-do, Sungpo-si, Sungpo-si, Seopo-si, for fishing operations on board the said vessel, and the same year;

3. 1. At around 10:30, at the sea of Spanpo Spanpo D (E), the fishing net was cut on the screen of the United States, and the victim F (38 years of age) who is the crew was divingd and carried out screen-net removal operations.

At the same time, the vessel’s operation is considerably restricted. In such a case, the Defendant, who is responsible for the safe operation of the vessel, has the duty of care to safely operate the vessel by allowing the other party to take appropriate measures, such as sending the whistle, light, and flag signal, in a vertical line at the place where it can best be seen, according to the shape display criteria for the vessel’s operation restriction. The Defendant, who is responsible for the safety operation of the vessel, has the duty of care to ensure the safe operation of the vessel so that the accident may not occur by allowing the other party to take proper measures, such as sending the whistle, light, and flag signal, when there is a danger of collision, by giving more attention than ordinary times, and by using any means suitable for the prevailing situation, such as visual, hearing, and radar, so as to fully grasp the surrounding situation and the risk of collision with other vessels.

Nevertheless, the Defendant did not separately indicate or maintain the aforementioned boundaries, as well as the part of the port engine room of the above vessel due to occupational negligence, and as long as he neglected to observe the duties, the part of the player G (29 tons) of the vessel G (29 tons) of the vessel of Seopo-si, Seopo-si, Seopo-si, a vessel that was under way at the port direction of the above vessel at 180 degrees and speed of 5 knots.

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