logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.11.27 2013고단5109
업무상과실치사등
Text

Defendant

A A Imprisonment without prison labor shall be punished by imprisonment without prison labor for two and half years, and Defendant B shall be punished by imprisonment without prison labor for eight months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the captain of F 9.16 tons F. G, and B is the captain of P. 2.18 tons leisure boat H.

On August 17, 2013, around 10:33, 100 meters in the north-dong bank located in the Cheongsung-si, the Masung-si, the defendant A, 16 fishing passengers in the above G, and 270 degrees in speed to move fishing points to the above G, and the defendant B was under the leisure activities such as fishing, with 10.5 knots-ro 270 degrees in speed, in order to let the 16 fishing passengers get on board and move fishing points to the above G. At the same time, the defendant B was under the duty of fishing and other leisure activities near the above H by stopping 10 fishing passengers on board the engine engine.

However, at the time, 13 passengers (around 850km) were located in the stern, and the players have not been secured from the front door due to their weight. In such a case, the Defendant A, who is responsible for the safe navigation of a ship, has a duty of care to prevent collision with other vessels sailing nearby the sea by checking from time to time whether there is an obstacle on the front side of the sea route, such as searching for the front door of the discovered object and searching for the front door on the land, in order to grasp in advance the risk of collision with other vessels.

In addition, H has a duty of care to prevent collisions with other vessels, which properly utilize the steering gear and institutions when approaching another vessel, since H was located in the steering house, and Defendant B had a duty of care to thoroughly perform the duty of care in front and rear aspects and to prevent collisions with other vessels when approaching another vessel.

Nevertheless, the Defendants did not take the above measures, and Defendant A neglected the duty of rashing the rash, neglected the duty of rashing the rash, proceed with G inevitably, and Defendant B has a duty to see all aspects after leaving the steering house of H while leaving the steering house.

arrow