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(영문) 인천지방법원 2016.12.15 2016고단5194
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

On March 24, 2016, the defendant was sentenced to two years of imprisonment without prison labor for six months in the Incheon District Court for occupational death, and two years of suspended execution for the same year.

4. 1. A person for whom the above judgment became final and conclusive, and a D Co., Ltd. (Representative E) and a seafarer labor contract were to be the captain of F (251 tons, Incheon Registry, and tugboat) owned by the above company.

On October 29, 2014, at around 06:10, the Defendant included the Defendant in F in the Young-gu, Jung-gu, Incheon, Young-gu, Incheon, the 699-ro YYN, the 3,220 tons of gross tonnage, Incheon loading, and sand gathering and transporting barge). At around 200 meters towing the G (the gross tonnage of 3,220 tons, Incheon loading, and sand gathering and transporting barge) of the barge, the Defendant was sailing to the public waters aggregate extraction area No. 24 of the landmark No. 24. At around that time, the Defendant observed the H (the 7.93 tons, the 7.93 tons, the Incheon Jung-gu loading, and the shore transit) of the fishing vessel departing from the sea along the pool-gun-gun in the vicinity of the main wood and sand wharf.

In such cases, the captain of a tugboat shall exhibit appropriate lights in accordance with the light display rules of the tugboat and barge so as to avoid collisions with other vessels, shall not interfere with the course of other vessels on navigation, and shall not interfere with the course of other vessels on navigation, and the captain of the tugboat has a duty of care to actively take measures to avoid collision, deeming that there is a risk of collision unless there is a significant change in the bareboat defense of other vessels approaching the tugboat.

Nevertheless, the Defendant, while leaving a barge G stern light alone, does not properly exhibit the light by operating it without leaving the barge, and, in light of the towing line and the barge with respect to a vessel approaching the tugboat during navigation, without repairing it even though the F’s searchlight, etc., required to be used when informing that it is a towing, or when giving a warning in direct light of the opposite vessel, cannot move down below the next: the F’s towing line takes up at the wharf and takes a way to reduce the speed.

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