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(영문) 대전지방법원 서산지원 2017.08.17 2017고단241
업무상과실치상등
Text

1. The punishment of a defendant shall be determined by a credit cooperative for six months;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is the captain of the Victim C (24 tons) owned by the Victim C, a vessel of the inshore Haak-gun, the inshore Haak-gun's shipment of the ship, who is engaged in the operation of the said vessel.

On November 1, 2016, the Defendant operated D from the Newjin-gun, Chungcheongnam-gun, Chungcheongnam-do to the neighboring sea of the same military interest in the same military, and was on navigation at the speed of 320 degrees, 9 knotss, at the speed of 320 degrees, and 9 knotss.

In such cases, the defendant, who is engaged in the operation of D, has a duty of care to ensure that the risk of collisions with other vessels can be fully grasped, and in particular, he/she has a duty of care to prevent collisions with other vessels by taking advantage of radars as much as possible, in a traffic separation zone (a zone in which navigation is separated so that ships can navigate only in one direction through the establishment, etc. of a sea route for entry and departure in order to prevent collisions with ships) where the risk of collisions is high, and to prevent collisions with other vessels by taking advantage of radars as much as possible.

Nevertheless, the defendant neglected to take due care of the surrounding circumstances, thereby impairing the utility of the ship and cutting off the core part of the D's vessel to the nearest 2.3 Eth (North Korea, 36-4.97, east 125-58.96, east 125-58.96) of the Black-do Northwest-dong, west-do, Chungcheongnam-do, Chungcheongnam-do, west-do, west-do, into the east east east east east east east east east east east east east east of D, thereby impairing the effectiveness of the ship and cutting off the core part of D's vessel to the nearest part of D's east east east east east east east east east east east east east east east east east east east east east Do, with approximately 22 weeks medical treatment of the victim F who was on board D's line at the same time.

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