(영문) 광주지방법원 목포지원 2018.04.06 2017고단1424

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2018.04.06 2017고단1424

업무상과실치사등

Text

Defendant shall be punished by imprisonment without prison labor for six 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

[2017 Highest 1424] The Defendant is the captain of the tugboat C(44 tons) of the fleet at the time of Mapopopopos.

On July 23, 2017, around 06:10, the Defendant: (a) operated the above tugboat at the wharf of Newanan-gun, Nananan-gun, Nananan-gun, Nanan-gun, Nanan-gun, Nan-gun, Nan-gun, Nan-gun, and sought a barge D (410 tons) by mooring a showline connected to the mooring of the barge at the wharf of a small-sized vessel installed at the wharf.

In such a case, the captain of the tugboat responsible for the safety of the tugboat and crew of the barge shall navigate the tugboat at the expense of mooring the large ship. In the event that the barge is moored at a wharf where such rain is not installed, adjustment of the tugboat shall be made from time to time so that the barge may not be pushed, and in case where the barge is fastened at the mooring of a small ship, there was a duty of care to take measures to ensure that the crew working near the moorings should be moved to the safe place in preparation for the interruption of the barge by pushed the barge due to the influence of tidal currents, etc.

Nevertheless, the Defendant did not warn the crew that he would not connect the mooring of a barge to the mooring of a small-sized vessel, and did not confirm whether he could be connected to the mooring of the barge, and was in the steering house, and the Defendant was in the steering house, but did not locked at the steering house.

Therefore, in light of the police statement protocol on H that the defendant reported the loading and unloading of cargo in the steering house, it is insufficient to recognize this part of the facts charged only by the protocol of interrogation of the suspect to the defendant who corresponds to the facts charged that the defendant was locked in the steering house, and there is no other evidence to acknowledge this. Thus, the above argument by the defendant is accepted.

Seafarers are installed at the barge.

유사 판례

-대전지방법원 2014.10.22 2014노755

-부산지방법원 2009.11.4.선고 2008가합5014 판결

-부산지방법원 2014.10.29 2014고단7960

-대전지방법원 서산지원 2014.02.14 2011고단1083

-부산지방법원 2016.08.17 2015가합45478