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(영문) 대전지방법원 서산지원 2017.08.17 2017고단262
업무상과실치상등
Text

1. The sentence against the accused shall be seven thousand won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the master of C owned D(2.91 ton) that is a composite fishing vessel at the port of Seosan, who is engaged in navigation of the above D, and E is the master of Annsan-si fishing vessel F(9.16 ton) of Annsan-si fishing vessel at the port of Ansan.

1. Around 12:40 on May 27, 2016, the Defendant, who was injured by occupational or practical injury, departed from the arrival line of the port distribution line, where three victims G, etc. are aboard, to the port distribution line, which is located in Seosan-si, Seosan-si, Seosan-si, with three victims G, etc. on the port. The Defendant, who was injured by occupational or occupational injury, went through the port at the port of Jinsan-si, where he had the wind of the members of Ansan-si, toward the arrival line.

At the time, since the restricted visibility has been restricted due to piracy, the vessel navigating at a safe speed by lowering speed, observe radars from time to time, and take into account the movement of other vessels in the front of the port, by strengthening the trend of nearby vessels in advance, and by ascertaining the situation of nearby vessels in advance, and there is a risk of collision with other vessels.

If it is determined in advance, there was a duty of care to prevent the collision with other ships by taking action to avoid collision with sufficient time in advance.

Nevertheless, the Defendant neglected to conduct an inspection, such as the operation method of navigation equipment, such as radars and VHF, and the characteristics of the affected sea area, without being fully aware of the characteristics of the accident. On May 27, 2016, the Defendant, at around 1.5 Ma (North Korea, 37-04.78, east 126-21.79, east 126-21.79) at the sea of the members of Ansan-si, Ansan-si, on the surface of the members of Ansan-si, neglected to conduct an inspection, such as not operating all navigation equipment, such as GPS, radars, and operating a vessel with approximately 12 knots and operating the vessel on the sea, and rapidly changing the course in order to avoid the offline left the sea.

Ultimately, the Defendant above.

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