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(영문) 전주지방법원 군산지원 2016.07.15 2016고단203
업무상과실선박파괴등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who destroyed a ship on duty and its actual course was the captain of the inshore Annverg Co., Ltd., and the Defendant was sailing in the direction of 310 degrees towards a specific sea area in the Yellow Sea by departing from the port of the Taenam-do, Chungcheongnam-do.

In such cases, the defendant shall not be allowed to navigate stroke at night, and there is a risk of collision with other ships by ascertaining in advance the movement of other ships in front and surrounding areas by using navigation equipment, such as radars, AIS (Automatic Location Identification Device), GPS, etc. as much as possible.

If it is determined in advance, there was a duty of care to prevent the collision accident by taking action to avoid the collision with sufficient time in advance.

Nevertheless, around November 1, 2015, the Defendant, at around 22:26, 2015, destroyed that 10 persons, such as captain H, etc., of D, including captain, etc., of D, in the part of C in operation by negligence, without hearing warning explanation that he/she sent the collision in D, by taking about 83,241,160 won of D’s total repair cost, due to the rain and weather weather on the sea of approximately 6 math day of the po-gun-gun, Incheon Metropolitan City, Seopo-gun-gu.

2. The Defendant injured the victim E (58 years old) who was on board D due to occupational negligence, such as the date and time set forth in paragraph 1, at the place set forth in paragraph 1, and at the same time and time set forth in paragraph 1, suffered respectively injury to the victim E (58 years old), such as a shoulder catum, salt, tension, etc. which requires approximately three weeks of medical treatment, the injury to the victim F (59 years old) at approximately eight weeks of medical treatment, and the injury to the victim G (51 years old) at approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, G, and E;

1. Report on the occurrence of shocking ship;

1. Each written diagnosis and written estimate shall be subject to the law.

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