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(영문) 광주지방법원순천지원 2020.11.06 2020고단990
업무상과실치사등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 22, 2019, the Defendant: (a) was the owner and captain of the YAB B, and (b) had two seafarers, including victims D (Nam, 61 years of age), on June 15:54, 2019, enter the port of Bosung-gun, Chungcheongnam-gun, YA, with no marine officer license; and (c) had them embarked on the above B; (d) had them enter the sea near the E-west bank of Gosri-gun, YA; and (e) had them cut off on the deck; and (e) had them cut off from the right side of the ship to the sea to draw up a grick frame by leaving the sea at a certain speed (3.5 to 4 knots).

A person without a license for a marine officer shall not serve aboard a ship's personnel, and as such, when doing work by drawing the type frame in a line, he/she shall conduct sufficient safety education to ensure that he/she does not sit on a rail without any fall prevention facility and wait at a safe place in a safe place because it is likely to fall on the sea by the court below's ability, and there was a duty of care to frequently check the safety of the crew and prevent safety accidents.

Nevertheless, at around 22:30 on the same day, the Defendant discovered the situation where the above victim was seated on the port rail of the vessel and did not take any measures to ensure that the victim fells on the sea and gets off the sea at around 22:30 on the same day.

2. A person who intends to become a ship personnel member in violation of the Ship Personnel Act shall obtain a marine officer's license from the Minister of Oceans and Fisheries, and a person who fails to obtain such license shall not serve as a ship personnel. However, the defendant, without obtaining a marine officer's license, served as the captain of the above B, and went to the port of Bosung-gun C on June 22, 2019, and operated approximately seven days from the 23th day of the same month to the E-dong bank of Gosong-gun E.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The report of internal investigation (the confirmation of the ship's B port of accident) 1.

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