logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.05.16 2018고정70
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of fishing vessels C (6.4 tons, maximum seating capacity of 14 persons) fishing vessels in the Seosan City, who is engaged in the captain's duties of the said fishing vessel.

On September 30, 2017, the Defendant, around 08:20 on September 30, 2017, sailed to the port of fishing at the request of fishing customers on the sea near the Jindo-si Do-ri Do-ri Do-ri, Chungcheongnam-do-ri, Chungcheongnam-do.

In such cases, a person engaged in the operation of a fishing vessel has a duty of care to prevent collisions of vessels by checking whether there is no other vessel around the sea by operating the radar, stopping around the sea, whether or not there is any other vessel.

Nevertheless, the Defendant neglected to do so and neglected to operate the radar, and neglected to conduct an inspection to stop on the sea (37-03.58N, 126-27.48E) before the arrival of the fleet in front of the fleet in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel (37-0.58N, 126-27.48 E) and collision with the part of the vessel in front of the above C in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in front of the vessel in question, thereby causing the victim E ( South, 52 years old) who was on board the vessel in front of the above D (the victim in front of the vessel in front of the vessel in front.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written statement of F, H, G, and E;

1. Application of Acts and subordinate statutes to each photograph and written diagnosis of each victim;

1. Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow