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(영문) 인천지방법원 2012.11.28 2012고단8890
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

The defendant is the captain of the Dopo-gun, Incheon Coastal Coastal Coastal Fishing Vessel E (4.92t) and is a person engaged in navigation of the above vessel.

On May 29, 2012, the Defendant, around 11:30, sailed with the above vessel in order to 37-10.6°N 126-17°N 127.3°N 126-17.3°N 20 E.). The Defendant, on the part of the above vessel, was sailing with the above vessel in order to have her self-net fishing gear, etc. embarked on the vessel independently, and enter the wing-do line.

In such cases, the defendant has a duty of care to safely navigate and prevent accidents in advance.

Nevertheless, the Defendant neglected the duty of front-time care and performed deck cleaning in the direction opposite to the moving direction by using a ice installed in the steering house and in the front direction, and did not discover the F (0.71t) in the front direction of the above E’s proceeding and did not discover the fishing net in the front direction of the above E, and instead received the on-board player part of the F in the front direction of the above E, and led the victim G (52 years old) and the crew H (54 years old) to fall into the sea.

As a result, the Defendant inflicted an injury on the victim H, such as a scarcity of a scarke wall, which requires approximately two weeks of treatment, and, at the same time, caused the victim G to die from the seat to the next death.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to H and I;

1. Written statements of J, K, L, M, N,O, P and Q;

1. Location map, situation report, and transfer site for disappearance;

1. A copy, etc. of certificate of registration of power-driven water leisure crafts, calendars, such as tidal lighting time, field confirmation photographs, situation reports, and photo of missing persons;

1. Certificates, etc. of shipment, telephone details, copies of fishing vessel report completion certificates, and hospital hospitalization photographs;

1. Photographss and on-site photographs removed from E;

1. A written result of autopsy, a photo of the corpse, a written result of autopsy, and a response to the result of autopsy;

1. A medical certificate;

1. On-site drawings, telephone records, actual condition survey photographs, F on-site survey pictures;

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