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(영문) 부산지방법원 2016.06.10 2016고합52
업무상과실치사등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is the captain of the ship C (C, 1,807 tons) with the overall responsibility for the safety management, etc. of the ship, who is the captain of the ship carrying ship in Busan City.

On September 10:25, 2015, the Defendant loaded approximately 3,496 tons in the cargo tank at the VCM wharf located in Scheon-dong at Sncheon-si, and sailed to two wharfs at the port located in Ulsan-gun, Ulsan-gun, the destination of which was located. On September 8, 2015, the Defendant sailed to approximately 8 knotss at a speed of the sea (Fix 35-27.01 N, 129-2.67E) prior to the end of the North-do strike on September 8, 2015 (Fix 35-27.01 N, 129-2.67E).

At the time, as a narrow sea route, a vessel which frequently enters or departs from the port, or a vessel sailing the sea inside the north breakwater from the north to the south was in a situation that is highly likely to cause safety accidents such as collision of vessels.

In such cases, for the safe operation of vessels, the Defendant has a duty of care to prevent the collision of vessels through the increase of the personnel or radars in the field of dogs, the thorough observation of surrounding situations using various navigation equipment, such as radars, and thorough understanding of the risk of collision, sailing at a safe speed, and consultation with each other on the direction of navigation when there is a danger of collision.

Nevertheless, the defendant neglected to perform the above duty of care and caused the negligence of sailing the sea in front of the end of the northwest of the northwest to the south from the northwest of the speed of about 8 knots, and caused C to be discovered and immediately avoided collision.

D (Slsan P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P.

Ultimately, the Defendant destroyed the D owned by E at the same time due to the above occupational negligence, and the head of agency F (61 years old) who was on board D at the same time gave approximately three weeks of medical treatment to the victim F (61 years old).

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