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(영문) 광주지방법원 순천지원 2018.03.07 2017고단2103
업무상과실치사
Text

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

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

Reasons

Punishment of the crime

The defendant is the captain of the D(total of 89 tons) of a fishing vessel in the inshore gral net fishing.

On May 6, 2017, at around 05:30 on May 6, 2017, the Defendant was on board the said fishing vessel with 12 crew members on board the said vessel in the vicinity of the sales outlet, and thereafter departing from the port.

9. At around 10:00, the above fishing gear was unable to move to the screen of the vessel in front of the above vessel while the fishing gear was operated for the fishing gear of the safe net in the neighboring sea even though it was located near the city of 10:00.

At the time, the Defendant, as the captain of the above fishing vessel, requested a professional divinger in the vicinity, required to remove the screen-related fishing gear, or had a crew member with qualifications or experience in diving-related work conduct safety education and remove the above fishing gear after checking whether it is suitable for diving-related work, he/she had a duty of care to prevent safety accidents that may occur in removing the above fishing gear, such as taking custody and removing the above fishing gear.

Nevertheless, the defendant is able to sleep the victim E (57 tax) who was on board the above fishing vessel as a cremation role (heading room).

In addition to providing safety education for defects, the victim lost consciousness on three occasions over about 40 minutes by negligence without proper safe detention, such as allowing the victim to attend a safety reduction (signal) despite the state of alcohol content of 0.067% in blood.

Ultimately, the Defendant caused the death of the victim, who was transferred to the above fishing vessel on the same day by occupational negligence as above, around 13:43.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, I, J, L, or K;

1. A report on internal investigation (M shipmasterN telephone communications);

1. A report on internal investigation (related to the verification of the experience of divings);

1. A copy of detailed statement of detailed information on D ships, a copy of ship's nationality certificate, and fishery permission;

1. Answers upon a request for investigation data;

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