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(영문) 울산지방법원 2019.02.19 2018고단2283
업무상과실치사등
Text

Defendant

A A Imprisonment without prison labor for one year, and Defendant B shall be punished by imprisonment without prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A is the captain who is the person in charge of vessel operation of the inshore fishing vessel C(20 tons) with the Ulsan Franchis shipment, and the defendant B is the captain who is the person in charge of vessel operation of the D(181 tons) with the large-scale shipping vessels of Busan Seo-gu.

1. Defendant A’s occupational negligence, death by occupational negligence, death by occupational negligence, and destruction of a ship by occupational negligence on January 18, 2018: (a) around 02:50, the Defendant departed from the above C for the operation of Gaina in Ulsan-gu, Ulsan-gu, the operation site of which is at the speed of 140 degrees 10 knots 10 knots, and sailed into the Dokdong bank of Ulsan-gu, Ulsan-do.

In such a case, the defendant, a vessel operation manager, has a duty of care to promptly change the course of the collision and prevent the risk of the collision with other vessels by making use of various navigational equipment, such as radars, to ascertain the risk of the collision, to ensure that the defendant is aware of the risk of the collision with other vessels, and to thoroughly check the navigation information of the vessels in danger of the collision with all available means, such as sight, hearing, and circumstances.

Nevertheless, the Defendant neglected this and operated as it was due to the negligence of operating it as it was, around 05:00 on the same day, received the aforementioned D player part of the said C’s left player part at the speed of 054do 11Nomt from the 20-21 N, 129-47E at the 20-day, Ulsan Jeju Jeju Jeju High Zone (35-21N, 129-47E).

Ultimately, the Defendant’s negligence in the above occupational negligence went missing from the victim E (E, Vietnam, 39 years of age) who is a seafarer of the above C, and suffered from the victim F (F, Vietnam, 26 years of age) who is a seafarer of the above C, the victim F (F, Vietnam, and 26 years of age) on the left-hand side in need of approximately two weeks medical treatment, and destroyed that six seafarers, including G (G, Vietnam, and 23 years of age), including G (G, Vietnam, and 23 years of age, have already existed the above C at the repair cost of KRW 130 million.

2. Defendant B’s occupational negligence, death by occupational negligence, injury by occupational negligence, and destruction of a ship by occupational negligence on January 18, 2018, Busan around 01:04.

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