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(영문) 전주지방법원 군산지원 2013.11.13 2013고정624
업무상과실치사
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the person who was employed as C from July 2002 as the actual owner and the master of B (2.79 tons, 350 EM) as C's crew, who was concurrently the owner of B's shipping plantation C (2.79 tons, 350 EM).

At around 07:00 on March 29, 2013, the Defendant, including the Defendant, on board C at the arrival of the E line in the Gunsan City, was on board and departing from the port, and around 07:30 on the same day, the Defendant arrived at the Kim cream farm installed at the sea of the Defendant’s 1.5-math on the south southwest, and at around 10:20 on the same day, the Defendant used engines in the front deck steering house and driven the engine, and the crew F, G, and H were seated in the front deck, and the crew D moved under the bottom of the Kim chill installed on the fore deck, moving to the bottom of the stem-type fishing gear cut down on the right side in order to damage the player’s knick with his knick hand.

As a captain responsible for the safety of a ship, the Defendant has a duty of care to prevent the occurrence of danger, such as moving crew members or crew members on board to a safe place and lowering their attitude so that they can not be forced to get out of the sloping gear, and to prevent the occurrence of danger by using visual, hearing, and straw all available means to prevent the occurrence of danger and injury. Furthermore, when moving under the bottom of Kim-type fishing gear using a fishing vessel to the bottom of the sloping gear, the Defendant has a duty of care to prevent the occurrence of danger, such as moving crew members on board or crew members on board to a safe place so that they can not be forced to get out of the sloping gear.

Nevertheless, the defendant is driving at the bottom of the Kim-style fishing gear without taking safety measures such as load, etc. in mind that the defendant might not cause safety accidents due to the excessiveness of his vessel operation ability, and as a result, D is able to get the crew D up to the deck of the player.

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