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(영문) 인천지방법원 2016.06.09 2016고단1411
업무상과실치상
Text

Defendants shall be punished by imprisonment without prison labor for six months.

However, the Defendants are above two years from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is the captain of the Incheon Coast Guard E, who operates a coastal wharf and the 196 tons of the arm's lengthline from the Incheon Coast Guard under the jurisdiction of the Dispute Resolution Co., Ltd., and Defendant B is the captain of the above E, who is the person in charge of the operation and safety management of the ship, and the operation and repair of the ship propellor and electric installations.

On October 4, 2015, at around 12:40, the Defendants boarded 112 passengers, including 105 passengers and 7 crew members, at the 2nd of the Jung-gu Incheon Coast Guard, at the speed of 8.5 knots (Knot: about 16 km in speed) after departure from the port, and opened at the bend to the bend to the bend line in order to allow passengers to leave the unsaton. In such cases, the Defendants were responsible for the captain to check the normal operation of the engine and clor before the bend line, and to ensure the safe landing of the bend line without any duty of care to ensure the safe operation of the vessel until the safe operation of the vessel, and to ensure the safety of the vessel and its passengers, the Defendants failed to contact the vessel at the bend to the bend line or to take necessary measures to ensure the safe operation of the vessel, such as the safe landing of the vessel, even if the safety personnel failed to contact the vessel before their arrival.

Defendant

B Upon thoroughly examining, maintaining, and managing all kinds of equipment with the total person responsible for the inspection, maintenance, and repair of the entire ship's engine as the head of E, E has the duty of care to prevent any accident due to any collision, etc. by preventing any mechanical defect, such as an engine, during navigation, and by neglecting this duty.

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