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(영문) 광주지방법원 순천지원 2018.05.03 2017고단2686
업무상과실치상등
Text

Defendant shall be punished by imprisonment without prison labor for 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

The defendant is the captain of the fishing vessel B (9.77 tons) fishing vessel for the loading of female water and is a person in charge of overall management and navigation of the vessel.

On November 10, 2017, the Defendant, at around 07:21, operated the above B, and had a fishing guest do the fishing at the sea near the rith of the year of the leisure and left the fishing with approximately 18 km (33 km/h) in the speed of the drinking water in order to let the guest do the fishing and leave the fishing, the Defendant her sea near the Gun, which is the sea area inside the port of the drinking water, was sailing.

Since a large number of ships frequently navigate or operate, the highest speed of navigation of the ships is not more than 8 knotss, in such cases, those engaged in the navigation of the ships have the duty of care to observe speed and to frequently identify the distance, course, speed, etc. of the other ship by using the shore and radar and to avoid the collision with other ships.

Nevertheless, the Defendant neglected this and did not discover the 1 ton vessel of the victim C (66 years) sailing at a speed below the speed of about 18 knotss in the front bank, and received the center of the said vessel’s port side from approximately 230 meters north-do, Southern-si, Chungcheongnam-do, Seoul-do around 07:23 on the same day to the ewn of the said vessel at the ewn of the ewn of the said B at the speed of 230 meters north-do.

As a result, the Defendant suffered injury to the victim by the above occupational negligence during approximately five weeks of treatment, and at the same time buried the above ship operated by the victim in the seabed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to report internal investigation (the attachment of data on the port of a collision fishing vessel B), the report on internal investigation (the confirmation of the side of the collision of a collision fishing vessel B), the report on internal investigation (the confirmation of CCTV images on the scene of a collision), and the report on investigation (the confirmation of the side of a collision of unregistered fishing vessels);

1. The relevant Article of the Criminal Act concerning the crime;

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