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(영문) 의정부지방법원 고양지원 2017.10.27 2017고단2693
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the business of operating a water leisure business in Yeongdeungpo-gu Seoul Metropolitan Government as a water skiing instructor at the “E” affiliated with Yeongdeungpo-gu, Seoul Metropolitan Government, while engaging in a water skiing business as an aquatic leisure instructor, and takes lessons of water skiing to members who want to enjoy or get a water skiing and is engaged in the operation of a water skiing boat connected with water skiing.

On August 13, 2017, at around 06:30 on August 13, 2017, the Defendant was driving at the Han River (An area below the Han River) located in the high village of the Gyeonggi Kimpo-si, Gyeonggi-si, with three victims H (54 years old) who are members of the water skiing in the 140 mast line from G “On the top of the upper rock line” located in Mapo-gu Seoul, Mapo-gu, Seoul.

In the operation of the water skiing instructor and the water skiing driver, while checking whether there is an obstacle to water surface on the front side, the defendant has a duty of care to safely drive the boat, and without checking whether there is an obstacle to water surface on the navigation route operating the mother boat in advance, the defendant proceeded to the lower side of the Han River of Han River without examining whether there is an obstacle to water surface on the navigation route operating the mother boat. Even though after the passage of Kim Pool, even though there was an obstacle to water surface, the defendant's failure to properly look at and proceed without being able to look at it, and due to its shock, the he was able to go ahead of the number of the wre on the right side of the wre on the upper side of the wre that the wret was driven by the defendant.

The defendant was returned to the above occupational department and office, and the victim H, who was aboard the team, also went under the center of the new erogate, and caused the death of the victim at around 14:53 on the same day at the Kimpo-si's hospital around the same day.

2. A water leisure safety law violation D is permitted to occupy and use a river and to operate a business area from around April 15, 2017 to October 31, 2017 by the Director General of the Gangseo-gu Seoul Metropolitan Government from around October 31, 2017.

A water leisure business operator and his/her employees shall be engaged in a business off his/her business area.

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