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(영문) 창원지방법원 통영지원 2014.11.28 2014고정532
업무상과실치사등
Text

Defendant

A A shall be punished by a fine of KRW 7,000,000,000, by a fine of KRW 9,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person in charge of safety management of the ship group comprised of D(95.47 tons, steel) and its barge E(383 tons, steel) and the defendant A is a person in charge of safety management of the ship ship and the ship F(4.99 tons, FRP) of the coast complex and the ship F. of the f.m. (FRP) at the time of the passage of the city of Busan.

1. Co-principal - On April 8, 2014, around 06:00, around 16:00, around 16:15, around 16:20, around 16:15, the Defendants’ co-principal - the Defendants’ co-principal - the Defendants’ co-principal - the Defendants’ co-principal her occupational death and the occupational ship full-time Defendants B mooring the barge E on the Dwn, a tugboat, and departing from the port with three crew members including the Defendant. The king’s neighboring sea was sailing at 90 degrees and speed 4 knots.

At the time, Defendant B found F sailing from the sea of approximately 3 math day of the above line to the above line, and in such a case, Defendant B, the captain of the tugboat, who is the safety manager of the tugboat and the captain of the fleet, who is subject to the coordination performance restriction, is in the position of the give-way vessel in accordance with the navigation method in relation to F. In addition, Defendant B is in the relationship with F.

In addition, there was a duty of care to take measures to prevent collisions, such as changing the F's course and speed on the land, changing the sense within a sufficient time, suspending and moving the propelling institution, etc.

On the other hand, at around 15:00 on April 8, 2014, Defendant A was sailing at approximately 60-70 degrees and speed of 8 knotss in order to operate the above F and enter the port into the port of the south side of the Sindo with the victim G (the 52 years of age) who is a seafarer at the south side of the city.

At the time, Defendant A found a tugboat D and a barge sailing on the port side at approximately 3 math day of F’s for the foreshore, and in such a case, Defendant A, a vessel maintained under the navigation law and a vessel safety manager and the captain of the vessel, is sailing on the shore and the rab.

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