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(영문) 창원지방법원 통영지원 2014.06.18 2014고정79
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the captain who is the person in charge of safety management and operation of the port fishing vessel C (84 tons, 15 passengers on board) of the port port of loading.

1. On October 20, 2013, the Defendant injured by occupational negligence, on the part of October 16:30, 2013, was in operation of C at approximately 30 meters of the east-gu west-si west-si west-si west-si at about 18:56 on the same day in order to enter the port under the same subparagraph after the completion of operation on the sea near the e-mail waterworks located at the e-mail.

In such a case, a captain responsible for the operation of a ship is a narrow channel with a width of about 500 meters, and a vessel sailing on the right side due to a breakwater is a blind zone where it is not visible to be a vessel sailing on the right side due to the breakwater, and at night there was a lack of the operating conditions of the ship due to the restriction of correction.

In addition, there was a duty of care to prevent the occurrence of a marine accident caused by the collision by taking measures such as detecting in advance the video reading and electric ruptures using AS(AS), etc., leading the moving direction, etc. of the other vessel, leading the other vessel to the direction of the movement, etc., leading the other vessel, leaving the other vessel waiting and leaving a sufficient time to wait until the other vessel passes by the other vessel, or changing the speed and the rupture of the rupture, etc., or by taking measures such as pressing the whistle and ruptureing the rupture, thereby preventing the collision.

Nevertheless, the defendant, without taking any action against this, caused the injury to the head of the agency where he was on board C by collision with D (141 tons, 4 personnel on board) which had been sailing to Busan port as C players on the above date and place, resulting in the injury to the scambling of crums, tensions, and sckes that require approximately three weeks of treatment.

2. The Defendant of the destruction of a ship by occupational negligence, as described in paragraph 1, destroys C, 14 persons on board, including E, by causing the collision of D players group with C players group, by causing about 3 meters in diameter at the upper team of the players group, and four persons, including shipmaster F, on board the players group.

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