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(영문) 춘천지방법원 강릉지원 2014.09.18 2014고단657
업무상과실치사등
Text

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

Reasons

Punishment of the crime

The defendant is the owner and the captain of Gangseo-si Coast Coast Guard C (9.77 tons) and is engaged in navigation of a ship.

At around 05:45 on Nov. 4, 2013, the Defendant completed offshore fishing operation and was sailing approximately 8.5 knots from the 4.8mam on the East Sea of Gangwon-do, the East Sea of Gyeonggi-do on November 4, 2013 to return to the port of order.

At the time, it was difficult to see as a new wall the surrounding small-sized ship or obstacles due to the high wave, and the low wave was difficult to distinguish the surrounding small-sized ship or obstacles due to the high wave.

In such a case, the defendant has a duty of care to place a staff member to see the frontline and the seat of the radar installed in the steering house, to frequently coordinate the scope of recognition of the radar installed in the steering house, to monitor the close of the other ship, and to prevent the collision of the ship by reducing the speed of the ship and avoiding the ship in operation and ensuring safe navigation by avoiding the speed of the ship in operation.

Nevertheless, even though the defendant was in restricted visibility due to bad weather conditions without any placement of personnel, he did not discover the implied coastal sea shore Maritime Vessel D(3.76 tons) that was operating in the front bank due to negligence, even though he was negligent in the operation of the front bank, and did not discover it, and the defendant committed a collision with D's on-site players part, which is the part of D's on-site players.

Ultimately, the Defendant caused the death of the victim E (the age of 57) of the captain, who was in the above D pilothouse due to occupational negligence, by leaving the victim F (the age of 34) and G (the age of 29) on the sea. The Defendant suffered from the injury of the victim F (the age of 34) and the victim F (the age of 29) in need of approximately two weeks of medical treatment, such as hump crums and tensions, respectively, and three seafarers, including the victim E, etc.,

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer with F, G, and H.

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