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(영문) 광주지방법원 목포지원 2017.05.26 2017고단166
업무상과실치상
Text

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner and captain of the composite fishing vessel C(0.58 tons) at the time of Popopopoly loading, and the defendant B is the owner and captain of D(1.04 tons) of the composite fishing vessel D(1.04 tons) at the time of Popoly loading.

1. On August 24, 2016, the Defendant: (a) departing from the her husband’s port north port 01:00 to the her husband’s port north port 2 wharf; (b) started from the her port at the 06:00 port to the her port at the port near the her port in the west-gun; and (c) went into the her port at the 2 wharf at the Yan-si north port in the Yan-si.

At this time, in order to prevent the collision of vessels, the Defendant, who is responsible for safely operating the vessels, has a duty of care to safely navigate the vessels in order to prevent the collision of vessels by checking closely whether or not the vessels operating on the sea near the vessel is in operation, and to ensure that the vessels are operated safely in such a manner as to avoid the collision of vessels, and when the collision is anticipated, they have a duty of care to safely navigate the vessels in such a manner as to prevent the collision of vessels.

Nevertheless, the Defendant neglected this and operated the said vessel at a maximum speed of about 27 knotss, on the ground that the vessel’s passage is very frequent. Thus, the Defendant neglected to pay more attention to the vessel’s passage, but did not keep the vessel safe distance and speed at ordinary times, and operated the said vessel at approximately 27 knotss.

Ultimately, the Defendant left the port at a very rapid speed as above at approximately 0.18 nautical miles (GPS FIX 34∑ 48'17.99N 126∑ 21'14.36E) in front of the five wharfs of the North Korea-si, Magpo-si, 07:04 on the same day by negligence that did not fulfill the above duty of care.

D did not discover the state of the U.S. and conflict with the part of the D U.S. on the part of the C-S. players, and the victim B (60) who was on board D had been on board the D had approximately three weeks of medical treatment.

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