logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.13 2017고단3454
업무상과실선박매몰등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is the captain of a unregistered mother boat (weight approximately 200 km, length of 330 cm, width of 150 cm, FRP materials, and 25 cm) who is in charge of the overall management and supervision of the operation of the vessel, instruct the crew to wear life jackets for safe operation, and takes charge of the overall responsibility of the operation of the vessel.

1. On October 23, 2016, the Defendant: (a) buried occupational and practical ships; and (b) died and caused death and injury to the Defendant: (c) sailed to fish at the sea on the part of the sea inside the sibleho Lake Lake, along with the Victim D (46 tax), E, and F.

In such cases, the defendant, who is the captain of the relevant mother boat, has been subject to safety inspection of the boat in advance, and must verify whether there is no special characteristics in safety, such as flood possibility, etc. over the entire hull prior to departure from port, and should refrain from departure, and instruct all crew members to wear life jackets, and there was a duty of care to prevent the occurrence of an accident, such as the whole uniforms of the ship, etc., when emergency situations occur.

Nevertheless, the Defendant neglected to undergo a safety inspection for the above boats subject to safety inspection without undergoing a safety inspection, and did not confirm whether the hull is abnormal, such as flood possibility, etc. over the entire hull prior to departure. Despite the fact that the strong wind has not good weather conditions, the Defendant took a departure from the port, and left the port where only F is worn with life jackets on October 23, 2016 because only three persons on board failed to give instructions on the wearing of life jackets. On October 23, 2016, the Defendant left anchor at the sea of about 300 meters prior to the arrival of the C, which is located in the G-type B, and got anchor while fishing, and the hull gets out of the sea due to bad weather conditions while flying the anchor on the port side, leaving the anchor on the sea, leaving the boat to be maintained balance, and leaving it back completely on the side of the port side from the port side.

Ultimately, the defendant is a victim, E, or . by occupational negligence above.

arrow