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(영문) 창원지방법원통영지원 2020.11.25 2020고단229 (1)
업무상과실치상등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 7, 2019, at around 07:53, the Defendant, as the captain of the Port Port B (9.77 tons) on November 7, 2019, 200: (a) around 2 nautical miles along the port of the southwest, 9 passengers, including crew members and fishing passengers, were on board the said B at approximately 2 nautical miles along the southwestwestwest; and (b) was at the speed of approximately 16 knotss in the sea area around the Hansando, during navigation, during the navigation with approximately 16 knotss (7.31 tons).

At the time, the above B and C are sailing along each other narrow and narrow distance. In such a case, the captain responsible for the operation of a ship has a duty of care to keep the ship sail at a safe speed so that in order to avoid a collision with other ships, the captain is obliged to take appropriate measures at all times by using navigation equipment such as visual and hearing radars and all other means that can be used in accordance with the prevailing circumstances and conditions so as to fully grasp the surrounding situation and the risk of a collision with other ships. If the collision is anticipated, the captain has a duty of care to keep the ship sail at a safe speed so that he can take appropriate and effective action or stop the ship at a distance suitable for the prevailing circumstances and conditions.

Nevertheless, the Defendant neglected the boundaries of radars and shores and neglected to take appropriate measures even after the discovery of the other vessel, and received approximately 0.45 nautical miles in the southwest of the Republic of Korea from around 08:36 on the same day at around 08:45 nautical miles in the southwest of the Republic of Korea, the part of the above C’s aft on the starboard side and the upper right side of the vessel of the above C, thereby destroying the above C, while causing a strike ( approximately 240 cm in length, about 80 cm in length, about 60 cm in length), and at the same time, destroyed the above C, and at the same time, destroyed the victim D (the captain) who boarded the above C, including four or more embuss, which require approximately 6 weeks of treatment, and affected the victim E (the victim E, 62 years in age), with the exception of the development and development of about 4 weeks in advance, and suffered injury to the victim E (the victim) 2. 4 years in age 6).

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