(영문) 창원지방법원진주지원 2020.11.10 2020고단1364

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원진주지원 2020.11.10 2020고단1364

업무상과실치사

Text

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

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

Reasons

Punishment of the crime

The defendant is the shipowner and the captain of the inshore fishing vessel B (16 tons) in Sacheon-si.

On April 11, 2020, at around 02:45, the Defendant instructed the steering line at the steering house of B in operation at the 10 nautical miles-gun, Nananannam-gun, C, 10 nautical miles, and the victim D (ma, 68 years of age) was working on the sea by setting the booms under the right to be reduced on the deck on the port side, and connecting it to the flagpoles indicating the location of the fishing gear. The other seafarers were all engaged in stockpiling the fishing line at the closed working space of the aft.

In such cases, the defendant, who is the captain responsible for the safety of seafarers, shall always have the crew wear a life jackets in preparation for an accident falling on the sea, and if there is a crew member who works alone, it is necessary to place another crew member in the vicinity or check the process from time to time. In case of ordering the work using a reduction, there was a duty of care to prevent the marine accident in advance by educating the possibility of the occurrence of the accident at sea during the work.

Nevertheless, the Defendant neglected this and did not instruct the victim to wear a life jackets, did not place other crews around the victim, and did not thoroughly conduct safety education on the possibility of accidents that may occur in the course of the work using the string, which led to the death of the victim by falling down on the sea while the Defendant was engaged in the work of making the flag by linking the flagpoles indicating the location of the fishing gear.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, and I;

1. Report on internal investigation, telephone conversations and report on actual conditions;

1. Situation Report 1 to 4, B Ship Entry and Departure.

유사 판례

-광주지방법원 목포지원 2018.05.25 2017고단1383

-광주지방법원 해남지원 2015.11.05 2015고단385

-제주지방법원 2014.03.14 2013고단1606

-창원지방법원 통영지원 2016.04.04 2016고정57

-제주지방법원 2020.03.13 2019고단2113