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(영문) 대전지방법원 홍성지원 2017.01.12 2016고정211
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of the coastal self-help fishing vessel B (3.17 tons, fishing vessel number: C) at the time of Boban.

On April 30, 2016, the Defendant: (a) went to the port of Bocheon-gu, Bocheon-si, B as the captain of the above-mentioned B; (b) sailed approximately 0.9 Ma (29 east 36.14 east east 126.29 east east east east east 12) at the speed of about 12 knots in Boan-si.

In such cases, if the risk of collision is discovered due to the sufficient view as the captain, who is an employee of a ship, the defendant has a duty of care to maintain and navigate a safe speed to immediately avoid such risk, and to prevent various marine accidents from occurring.

Nevertheless, the Defendant, at around 06:55 on the same day, sustained approximately 0.9 Mam (26.14 minutes in north Korea, 126.29 minutes in east-si, east-si, Man-si, Man-si, Man-si, and 06.29 minutes in front of the sea, caused the Defendant to destroy the said E-Wn-si, a seafarer F (n, 60 years of age) who was working in the process of removing the cirr fishing gear on the above E-V deck, and at the same time, caused the Defendant to destroy the above E-Wn-si, by causing the Defendant’s water flow into the sea below the surface of the above E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Reporting on the occurrence of collisioned ships and on the result of measures;

1. Medical certificate (F);

1. Each receipt (E repair cost);

1. The application of Acts and subordinate statutes 22) of documentary evidence, 7 copies of photo, E and B in relation to the collision between B and E; and

1. Relevant Article 268 of the Criminal Act concerning the facts constituting an offense (the point of occupational and practical injury) and Articles 189 (2) and 187 of the Criminal Act (the point of destruction of a ship in the course of duty and actual injury);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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