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(영문) 제주지방법원 2014.01.23 2013고정929
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the captain of C(5.87 tons) who is a charter fishing boat for high-sea fishing on the Jeju-do, and is engaged in the operation of the above vessel.

Around 10:00 on June 22, 2013, the Defendant: (a) operated the above vessel, on board eight passengers (six gender, six children, two children) in the Han River-gu, Jeju-do, Jeju-do; (b) operated the said vessel; (c) started to fish on the ship in the neighboring sea of 0.5 miles away from the ancient mountain port; and (d) moved to the high-sea port to enter the port; and (c) at that time, the visibility significantly deteriorated visibility due to the inside of the surrounding sea, the Defendant was able to use navigation meters installed on the ship actively; (d) observed the navigation rules, such as the placement of watchers for the landing boundary; (e) maintenance of safety speed; and (e) heavy signal jackets; and (e) discovered the part of the e.g., 10:00 on June 10, 201 and the part of the e., 10:30 on June 20, 2013, without any duty of care to prevent collision with other vessels.

Summary of Evidence

1. Defendant's legal statement;

1.D, F, G, H, I, J;

1. Application of Acts and subordinate statutes to investigation reports (victim telephone investigation) and diagnosis reports;

1. Article 268 of the Criminal Act applicable to the crimes;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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