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(영문) 대전지방법원 홍성지원 2019.03.26 2019고단3
업무상과실치상
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Defendant

A is the captain of B (9.77 tons, locker ships, shipping to the port of the west and south year, and four persons on board).

On September 7, 2018, the Defendant: (a) around 05:20 on September 7, 2018, the Defendant, on board 3 seafarers B in order to collect a key to a diving fishing vessel from the port located in Seosan-si, Seosan-si; and (b) operated a car in the vicinity of the port located in Seosung-si, Seosung-si.

In such cases, as the captain of a diving fishing vessel, the Defendant, as the captain of the diving fishing vessel, shall take into account the characteristics of the sea area (water depth, tidal currents, etc.) and the floating goods on the sea surrounding the sea, the distance between vessels, etc.;

If there is a risk of collision with other ships by ascertaining in advance the surrounding ships and obstacles by using various navigational equipment, such as the GPS PP PP PP PPPPPp grounds, there is a duty of care required for business to prevent the collision of ships by taking action to avoid the collision with sufficient time and distance in advance.

Nevertheless, at around 05:27 September 7, 2018, the Defendant maintained approximately 500 meters (37-0.42N, 126-26.54E) in front of the port of Samsan-si in Seosan-si (37-0.42N, 126-26.54E) at the bed 326 degrees, speed 13 knots and did not take any measures to confirm the existence of another vessel in the surrounding area, and did not discover C (216 tons, barge, Incheon shipment) which was embling on the sea by negligence and did not discover B’s mick at the sea, and caused a collision with B’s mick light.

As a captain of B, the Defendant, as the captain of the foregoing occupational negligence, caused the victim D, who is on board the ship B due to the shock, to suffer from a light distressing room (conscepting room). Around 12 weeks of treatment to the same victim E, the Defendant suffered from injury, such as plehion and pressure pressure pressure, and inside and outside heat, which require approximately 6 weeks of treatment. The Defendant suffered from injury to the victim F, such as a scopical scopher and scopic scopical scopher and scopic scopic scopical scopic

Summary of Evidence

1. Defendant's legal statement;

1. G, F, E.

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