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(영문) 인천지방법원 2013.04.23 2013고단1207
업무상과실치사등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the master of the Incheon Shipping E (331 ton, 3,500 ton, 3,500 ton) of the cargo transport chain in Jung-gu Incheon, Jung-gu.

1. On November 11, 2012, around 15:45, the Defendant caused occupational death, etc.: (a) combine the above E with the side of the port of 3,320 tons of the barge in Samcheon-si, Samcheon-si, Samcheon-si, Samcheon-si, with the inner wall inside the new port; (b) the victim G (63 years of age) was the captain of the Busan fleet H (24 tons) of the Busan Shipping that was the captain of the said barge, connected to the broom of the said barge, thereby towing the said barge.

In such cases, the driver of the tugboat has a duty of care to frequently contact with the victim who assist the direction of the barge, and to prevent marine accidents by properly examining the course, speed, etc. of the barge and the victim's auxiliary tugboat.

Nevertheless, the Defendant neglected this and found out that the navigational trends, such as change of the course of the H driving of the auxiliary tugboat, which was connected to the towing broom of the barge as it was by negligence, and caused the death by leaving the hull of the auxiliary tugboat, which was being towed by the towing H, late, stopped the engine, and rapid down, but without falling short of this, caused the death by taking off the hull on the port side by getting off the vessel from the port side by the boom of the bargeF, the victim, the captain of the above H, who was the captain of the barge, from leaving the vessel out of the ship.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

2. The Defendant for the burial of a ship by occupational negligence is buried in the sea where the victim G, I, and J exist by taking the above H by occupational negligence at the same time and place as described in paragraph (1).

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