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(영문) 대구지방법원 포항지원 2017.04.27 2017고단246
업무상과실치사
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the captain of a vessel B (9.77 tons) with a fluence, who is responsible for the operation of the said vessel and the safety management of the crew.

On December 2, 2016, the Defendant, at the port of South-gu, 05:00, departing from the port of South-gu, Yanpo-gu, Yanpo-gu, Yanpo-si, Yanpo-si, Yanpo-si, Yanpo-si, where five seafarers, including C, are affected by the damage to the above fishing vessel, and instructed the Defendant, at approximately 48 nautical miles in the south-gu, Yanpo-si, Yan-si, Yanpo-si,

At the time, a person responsible for safety management has a duty of care to provide sufficient safety education in advance to seafarers who are in charge of safety management, wear electric uniforms, such as life jackets, etc., and to immediately rescue an accident at all times, when the operation process is carried out by a person who is responsible for safety management, because the strong strength has occurred in the reduction of the weight, when operating the boomer and operating the 2ndr, and operating the 100 throughout the 100 through the 1st project.

Nevertheless, the defendant did not provide sufficient safety education in advance and ordered the wearing of life jackets, and failed to properly observe the operation of the fishing boat in the steering boat, and without properly supervising the operation of the steering boat.

Ultimately, the Defendant, by negligence in the above business, caused the victim to operate the burgical system for the purpose of large flow, and suspended the burging of the burgical system without the reduction of the burging system, and cut off the victim’s chest from the burging machine to the burging machine in order to repeatedly cut off the burging system.

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