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(영문) 광주지방법원 순천지원 2016.01.15 2015고정531
업무상과실치사
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the master of the Kenyan Transport Line B (1,599 tons in total).

On March 9, 2015, the Defendant operated at the place of a tomb A around 20:40 on March 9, 2015.

Using a bridge that can be temporarily installed on the east side of B, crew members from C were allowed to board the bridge.

In such cases, the Defendant, who is responsible for the safety of passengers on board, has a duty of care to determine whether to contact a ship in consideration of weather conditions, etc., and to prevent an accident, such as a fall, etc. that may occur when boarding or leaving a ship by wearing life jackets, etc., a safety device for seafarers.

Nevertheless, the Defendant, at around 20:50 on March 9, 2015, caused the death of the said victim by failing to wear safety equipment, such as life jackets, at the on-site of the foreline C of the Tong-do through a line, having the victim D (65 years old) who attempted to return to B without wearing safety equipment, such as life jackets, at the foreline of the fleet C, which had been temporarily installed on the east side of B at around 1.4 Emb from the northwest-do, Do-do, Ma-do, Ma-do, Seoul, on the part of the crew, at around 1.50 on March 9, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to A, F, G, H, I, and J;

1. Application of the Acts and subordinate statutes to a situation report, report on the commencement of internal investigation and report on internal investigation;

1. Article 268 of the Criminal Act applicable to the facts constituting an offense, Article 268 of the Criminal Act chosen a penalty, and the choice of fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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