logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.09.13 2018고단799
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence 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 a fishing vessel B (9.77 metric tons) in the Gu, Yanpopo-si Coast Coastal Sea.

On May 29, 2018, the Defendant, at around 07:00, 5 seafarers, including the injured party C(58) at the port of the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the YYYYYYYYYYYYYYYYY YYYYYYY YYYYYYY YYYYYYY YYYYYY YYYYYYYYY YYYYYYYY YYYYYYYYYYYY YYYYYYYY YYYYYYY YY

The red-louncing fishing gear is administered at a rapid speed of about 230 clocks at intervals of about 13 meters on a single mold, and when operating as above because the weight of the air is heavy, there is a risk that the body of the crew may fall into the sea if the crew is between the direction of the engine and the flacker, so the captain has a duty of care to continuously observe the condition of the log and immediately stop the operation and the network operation of the ship, and to educate the crew to ensure that the body of the crew is not displayed, and to ensure that there is no safety accident, such as ordering the crew to wear the life jackets in preparation for the accident.

Nevertheless, it is difficult for the Defendant to see the condition of the log in the warehouse with due care, and due to negligence that the victim, without wearing the life jackets, had the victim work between the direction of the log, rather than a safe place, and the front side of the above fishing vessel, the Defendant cut off the log, cut off the door door, cut off, and crashed on the sea.

Ultimately, the Defendant caused the death of the victim due to the foregoing occupational negligence in light of around 20:12 on May 29, 2018 and the external shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. The actual survey report;

arrow