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(영문) 부산지방법원 2013.09.26 2012고정4335
업무상과실선박매몰
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

C is the master of the Busan Ship D(44 tons) and the defendant A is the person in charge of the work of Busan F(1,364 tons) of the barge F(1,364 tons) owned by the owner of the ship of Busan Ship D(44 tons).

At around 18:35 on August 26, 201, the Defendant: (a) opened a construction site in Jindo-gun G, Jindo-gun, Jindo-gun, Jindo-gun, with the aggravation of weather in the course of the work, and called “F to move to the northwest of the government-sale, because the weather has broken off; (b) C was abutting upon D to the northwest of the government-sale; and (c) began to deposit F with F’s players’ vision and D’s string to the front left-hand side of the H cancer, and the Defendant began to cut the poppy chain in F’s string.

At the time, the Northwest wind was formed with a strong range of 2m from 8 to 10m/s, and weather was not good, and when the creative stream (the flow from 1,364 tons to 30ms) flows to 2.4ms in the direction of D's proceeding, when reducing the strawer in the stern of the barge F, which is the gross tonnage of 1,364 tons, F is pushed ahead to the rear, the opposite direction of the player. On the other hand, if the tugboat D fails to display any towing manpower to offset its power and to display it in the future, there was a risk of seizure to D'ma F.

In such a case, C, who is engaged in the operation of tugboat D, has a duty of care to prevent accidents in advance by closely examining whether the stern stringer of the bargeF was tensiond and at the same time the signal number is placed, whether the ship is dangerous due to the power of towing, etc., and if the Defendant, who is a working officer of the barge F, has been engaged in maritime strings for about 25 years and was aware that there was such danger during the towing work, he has a duty of care to transfer the fleet F's strings.

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