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(영문) 춘천지방법원 강릉지원 2020.04.17 2019고단1474
업무상과실선박파괴등
Text

Defendant shall be punished by imprisonment without prison labor 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

The defendant is the captain of the ship B (2.43 tons), which is a coast complex fishing vessel in Gangnam-gu, Gangnam-gu, Seoul, and is engaged in the operation of the ship.

On October 23, 2019, at around 03:00, the Defendant entered the order port in Gangnam-si, and around 10:04 on the same day, the Defendant went to the speed of approximately 268 degrees and approximately 18 knotss from the sea at a distance of about 190 meters from the south East East-dong, the south East-dong, the order port in front to enter the order port at around 10:04.

Since there are sea areas where there are frequent fishing vessels to operate and move fishing vessels, there was a duty of care to prevent collisions in advance by taking into account the surrounding means that can be used in accordance with the visual, hearing and the prevailing circumstances.

Nevertheless, the Defendant neglected the above duty of care and did not discover the D (1.83 tons) operated by the victim C (Nam, 69 years of age) (i.e., the south and the 69 years of age) who was operating on the front side of the Defendant’s ship due to occupational negligence. The Defendant received the part of the victim’s vessel’s vessel vessel hull and steering house, and caused the victim to fall on the sea, thereby causing the victim to suffer injury, such as brain salins, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. D, BV-Pass' port register;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act (Selection of imprisonment without prison labor in consideration of the fact that the degree of negligence of a defendant is not less severe in light of the speed of progress B at that time, and that the defendant has the record of having been punished for the same kind of crime);

1. The criminal defendant under Article 62 (1) of the Criminal Act leads to the confession of the crime and the mistake is divided, and the victim does not want the punishment of the criminal defendant by mutual consent with the victim and the criminal records of suspended execution or more.

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