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(영문) 대전지방법원 홍성지원 2015.11.13 2015고단786
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the captain of a charter fishing boat D (7.93 tons, maximum number of persons on board 18 persons) on the surface of the Ocheon-si in Bocheon-si, who is engaged in navigation of the above vessel.

On June 21, 2015, around 04:04, the Defendant left the port of Ocheon with nine passengers on board, and navigated the sea near the port of Yancheon (36-25.64N, 126-29.15E) at about 23 knots each hour.

At night, the front door of the road was flowed at night, and there was a duty of care to check the safety of the sea route on land when the radars fail to function sufficiently, such as the long-distance injection, detection of detected objects using radars and other systematic observations, because the captain who is engaged in sailing the ship was at anchor from about 15 days before he/she was at anchor. In particular, the captain who is engaged in sailing the ship has a duty of care to check the safety of the sea route on land when the radars fail to function sufficiently due to the drums caused by bad weather.

Nevertheless, the Defendant neglected this and failed to discover the E in the front bank due to the negligence of navigation, and received the said E’s face part with the two lines of the above D.

Ultimately, the Defendant, at around 23:05 of the same month, caused the victim F (year 44) who was on board the above D due to the above occupational negligence to die with the brain math in the Aju University Hospital located in Suwon-si, Suwon-si, Suwon-si, and the victim G (year 47) on the same day, due to the cryposis damage, such as the scarf, etc. from the scarbing scarf, which caused the death of the victim F (year 51). At the same time, the victim H (year 51) suffered an injury to 7 persons in total, as described in the attached list of crimes, including the injury of maf, etc. caused by the cryp, etc. caused by the cryp damage to the scarf, etc. in need of treatment for about 32 weeks.

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