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(영문) 창원지방법원 통영지원 2016.05.13 2016고단249
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the person who is engaged in the operation of the above vessel as the first class mate of the towing ship of pressure at Busan City (287 tons).

On October 3, 2015, the Defendant, in towed the pressure-resistant barge D (2,364 tons) (2,364 tons) at a mountain port in Ulsan-si, Ulsan-si, U.S., Ulsan-do, U.S., U.S., for a sand gathering area in the exclusive economic zone in the South and North Korea, the Defendant was sailing at around 05:25 on October 4, 2015, on the 195, on the 1995, on the 4.5 miles-si, U.S., U.S., U.S., P., the Defendant, at around 20:25, L.S., on the 235 degrees high sea of S., S.

At the time, E (4.98 tons) was on navigation at the front time, so in such a case, the defendant had a duty of care to prevent accidents, such as changing the course of the collision or stopping of the propelling institution within a sufficient time, by sending the Defendant with a warning signal at the time of the occurrence of the risk of the collision with the radar or with the land, and changing the course of the collision or stopping of the propelling institution, etc.

Nevertheless, the defendant neglected this and operated it as it is and caused a collision between the Department D on the face of the barge and E.

Accordingly, the Defendant caused by the above occupational negligence to the victim F, who is on board the above E, an injury, such as the escape of the left-hand body, which requires approximately 10 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (the occurrence of an accident or the expansion of damage even to the injured party); Article 62(1) of the Act on the Suspension of Execution (the fact that there is gross negligence on the part of the injured party for the occurrence of an accident or the expansion of damage; the fact that the mutual aid insurance is expected to be effected on the Defendant’

(2) The decision is delivered with the order for the reasons above.

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