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(영문) 광주지방법원 해남지원 2016.01.07 2015고단339
업무상과실치사등
Text

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

Reasons

Punishment of the crime

The defendant is a person working on board as the captain of C, who is a fishing vessel operating in the inshore fishing village in Gyeongnam-do.

When a vessel navigates by getting on and off as the captain of the vessel, the vessel shall at all times keep a proper boundary by all means so as to fully grasp the surrounding circumstances and the risk of a collision with other vessels, take appropriate and effective action to avoid a collision with other vessels, or navigate at a safe speed so that the vessel can stop at a distance appropriate to the prevailing circumstances and conditions, and when two power-driven vessels cross the course of the other vessel and if there is the risk of collision, the vessel on the starboard side has a duty of care to avoid the course of the other vessel.

Nevertheless, the Defendant, at around 06:20 on April 30, 2015, went through a port from the port to operate the vessel after getting on and off the port to the captain of the above C at the port of port 1:0 on April 30, 2015, without any appropriate boundary to avoid collision. The Defendant, while passing through the above complete port at which the passage of fishing vessels, cargo vessels, and passenger vessels is frequent, going at the speed of 7.9 knots near the speed of the above vessel at the speed of 7.9 knots.0 on the same day, at around 06:24, the Defendant did not find the victim D (the other, 55 years old) who was sailing at the right port of the above C at the speed of the above 250 meters away from the north bank of the above 19:00 on the back of the above 1990 on the sea and caused the victim's death to go on the sea of the above E, resulting in the victim's death at the port of the above 3:505.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A death diagnosis report or postmortem report;

1. A photo of a postmortem examination, a photo of a photo of each CCTV, a photo of each site to take a screen of each CCTV, a photograph of a suspect A mobile phone image, a photograph to take a C resistant image, and an output after taking a screen of the CCTV image;

1. C.

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