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(영문) 부산지방법원 2019.09.25 2019고단1653
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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

Reasons

Punishment of the crime

The defendant is the captain of Busan loading E (29 tons, maximum number of persons on board 102) who is a excursion ship that departs from the landing place of the D, located in the C amusement Park located in Busan Young-gu, and operates the C main sea, and is responsible for safety management for the number of persons on board the ship.

On December 2, 2018, the Defendant: (a) around 17:10 on December 2, 2018, 2010, 23 passengers on the above D’s landing point and sailed from the said D’s landing point, and (b) on December 2, 2018, she came to contact around the said landing point with a view to leaving passengers at the said landing point

At that time, the Defendant, as the captain of the vessel, was at the top of the engine prior to navigation or landing on the vessel, confirmed the normal operation of the engine and clurb, confirmed weather and maritime information related to navigation of the vessel for the safety of the vessel and its passengers, checked the weather and maritime information on the navigation of the vessel at a distance appropriate to the situation of the vessel, and opened the call safely by adjusting the speed, speed, clean, and clurb in a proper manner, and the safety personnel had a duty of care to prevent safety accidents by taking measures such as allowing passengers to sit at the front of the vessel until the vessel gets on the front of the vessel.

Nevertheless, the Defendant neglected to do so and failed to properly reduce the speed through the operation of the remaining engine, and attempted contact with the safety personnel, either directly or by negligence, or by negligence, not having the safety personnel control over the corridor in the ship room, with the influence of electric power, tidal power, tidal currents, etc.

In the course of the collision, players suffered injury to 13 victims, as shown in the attached list of crimes, in excess of the victim F (n, 57 years of age), a passenger who was on board the ship, and suffered about six weeks of medical treatment, such as revolving a shoulder, damage to a power rope, etc.

Ultimately, the Defendant is above.

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