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(영문) 광주지방법원 순천지원 2018.01.15 2017고정528
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the owner and captain of the B(4.48 tons) fishing vessel B(4.48 tons) in the coast of the Dosan-gun, Dosan-gun.

1. On July 20, 2017, the Defendant was injured by occupational injury and injury. Around 08:15 on July 20, 2017, the Defendant had three seafarers, including himself, operate the above B on board at the sea of Gosung-gun C, the visibility of which is limited to not more than 100 meters in sight.

In such a case, the Defendant, as the captain of the vessel steering, is a place where the navigation of the vessel is frequent, and at the time, the zone of the vessel has a high risk of piracy, such as collision with another vessel. As such, the Defendant has a duty of care to prevent the collision of the vessel, etc. by making the vessel at intervals of not more than 2 minutes, making it safe at intervals of not more than 2 minutes, navigates at a safe speed, making the vessel safe, and thoroughly using various navigational equipment, such as radars, etc., when the risk of the collision occurs.

Nevertheless, on July 20, 2017, when the Defendant neglected the above duty of care, and around 08:15 on July 20, 2017, the status of the Defendant was on the sea-going route with the high speed of 246do 11 knots C, which had restricted visibility due to the inside of the dog, and the above B engine sound was collisioned with B, thereby falling into the sea of five persons, including E, on board the ship, when D was returned to B due to its shock.

As a result, the Defendant sustained injury on the elel elel in the elel ele in the open space of the bridge, knee kneeing, feleing, salt frighting, and tensions in need of a three-day treatment to E for a three-day period of time, the left-hand part of the right-hand part in need of a two-day treatment to G, such as cryp felfing, light felfing, knee-felfing, left-hand part of the left-hand part in need of a two-day treatment, and the Defendant sustained injury on the elbel elel ele in need of a two-day treatment to E.

2. The Defendant, on duty, was the captain E, crew E, F, G, H, and I due to the collision, such as the facts constituting an offense described in the above paragraph (1).

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