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(영문) 대구지방법원 경주지원 2017.09.28 2017고단256
업무상과실치사등
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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.

(e).

Reasons

Punishment of the crime

The defendant is the representative of the enterprise called "D" in the racing-si, who is engaged in the operation of underwater experience activities, the operation of ships used for the above experience activities, and safety management personnel who protect the safety of the lives and bodies of participants.

On April 19, 2017, the Defendant: (a) on April 19, 2017, around 09:30, on board the ship owned by the Defendant, nine witnesses, including the victim E, on board F, which is a 150-facul vessel owned by the Defendant; (b) on the operation of the ship, at around 300 through 500 meters in the forepart of the former port; and (c) on the operation of underwater experience activities to require nine victims, etc. to wear and lock the scoo ice to wear and lock the scoo ice; (d) on the ground that the Defendant was engaged in underwater experience activities, the Defendant provided education and instruction to the diving so that they can lock even; (e) set up a part indicating the location of each diving; or (e) set up a part indicating the guidance of water surface to each diving; or (e) set up a part indicating the guidance of water surface to each diving.

In connection with this Ordinance, each divingr's position is accurately identified, and when the vessel moves to another vessel, there was a duty of care to prevent conflict with each other by monitoring the location of the lockeder who is exposed to the water surface due to the respiratory of each divingr, as well as by monitoring the location of the lockeder who is exposed to the water surface due to the respiratory of each divingr, and identifying the existence and location of the lockeder who is exposed to the water surface.

Nevertheless, the Defendant, without setting up even each diving, left alone so that each diving can be carried out, and without installing a tag for guiding the side and the surface of the water, did not properly grasp the location of the source of the water surface, and caused the victim’s head head part, which has been rapidly increased to the near the surface of the water due to occupational negligence operating the above vessel, by installing the above vessel on the part of the victim’s head part during the high speed turning back (at least 12 cm in length, 15 cm in width, three cm in width).

Ultimately, the Defendant committed the above occupational negligence.

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