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(영문) 제주지방법원 2016.06.09 2016고합14
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is the owner and captain of the P(29 tons) fishing vessel C(29 tons) of the PPP PPP at the time of SPP.

1. On February 25, 2016, the Defendant: (a) on February 25, 2016, 07:30, on board the said fishing vessel with eight crew members on board the said vessel at the port of the Ulsan-dong defense force in Ulsan-gu, Ulsan-gu, U.S., and entered the port for operation.

Defendant for the same year

3. 1. At around 09:00, all of the steering units within the steering zone while setting up the automatic steering gear on the voyage course 180 roads to move from the south-dong room of Seopopopoposi to the steering area, and operating approximately 5 knotss at the speed of about 5 knotss.

In such cases, since there are many fishing vessels and traffic lanes, the Defendant, who is responsible for the safe operation of vessels, has a duty of care to safely operate the vessels so that they can grasp the surrounding situation and the risk of collision with other vessels in advance, and to safely operate the vessels so that accidents do not occur due to the delayed or stop of speed.

Nevertheless, due to the negligence of sailing at sea without any arrangement of personnel at the time of the dog, the Defendant, at around 10:30 on the same day, 65 nautical miles (North 32.38 east 127.40 east east 127.30 east east east east east east east east east east east east east east east east east east east 127.40 east east east east east 10.5 east east 1.5 east east 1.5 east east east 1.5 east east 1.5 east east 1.5 east east 129 east east

Ultimately, the Defendant, at the same time, caused the death of the victim E (38 tax) who had connected the above fishing vessel with air supply devices to remove a tension fishing net on screen products with the foregoing occupational negligence.

2. The Defendant in violation of the Marine Environment Management Act is the same as described in the preceding paragraph at sea of 65 nautical miles from the southwest-si, west-si, west-si on March 1, 2016 (North Korea’s 32.38 degrees, east-do 127.40 degrees, east-si).

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