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(영문) 창원지방법원 통영지원 2018.11.30 2018고단440
업무상과실치상
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was a captain of Twit F (2.1 ton, seating capacity 19) owned by C (State) E ship rental companies at the time of macroscoping.

On October 1, 2017, the Defendant: (a) sailed 14 tourists on the said boats at the time of 15:30 on October 1, 2017; and (b) the weather has deteriorated around 15:37 on the same day; (c) the Defendant, at the same time, sailed 23 knots along the coastline in front of the H beach located in G at a macro-si, instead of the route in which the weather has deteriorated.

In such cases, the defendant, as a captain responsible for the safety management, etc. of the above boats, should grasp in advance the topography, geographical features, etc. on the sea route, and also should operate at a sufficient distance from the coastline because various obstacles, such as the road strings, etc., installed to navigate the vessels on the sea adjacent to the coastline are installed. The defendant has a duty of care to prevent the protruding accidents to the people in the vicinity of the coast.

Defendant neglected to perform the above duty of care, and did not find a route (doring) for mooring vessels connected to land and sea, and did not cut to the above line, and caused injury to the victim I (56 years old), the victim J (56 years old), the victim J (57 years old), and the victim K (54 years old), which caused the victim I (56 years old) to suffer injury, such as the mouth of the offline body in need of medical treatment for about seven weeks, while the victim J (57 years old) and the victim K (54 years old) suffered injury, such as brain dynasium in need of medical treatment for about three weeks, respectively.

Summary of Evidence

1. Each police statement with regard to I or L;

1. Each police statement of M, N, J and K;

1. Application of Acts and subordinate statutes to a report on the occurrence of a patient caused by the operation of each medical certificate, each ship, or any secondary ship operation;

1. Relevant Article 268 of the Criminal Act concerning criminal facts

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