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(영문) 대전지방법원 홍성지원 2013.11.15 2013고정313
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of a diving vessel B (6.67 tons) with a floating vessel.

around 04:30 on June 6, 2013, the Defendant: (a) sailed from Yancheon-si with two crew members, and operated the steering gear of the said vessel at 18 knots-do speed 250 degrees n.e., the Defendant was sailing along the nearby sea near Yan-gun, Chungcheongnam-gun, the operation place of which was 250 degrees n.m.

The Defendant: (a) neglected to observe the duty of care to prevent collision with another vessel being overtaken until she completely overtakes the vessel being overtaken, or until she reaches a sufficient distance from the port side of 22.5 degrees from the beam of the other vessel at night (at night, only the stern light of the other vessel, and at a position not visible to either side); (b) neglected to observe the duty of care to prevent collision with another vessel being overtaken; (c) on June 6, 2013, about 40 meters north (or 36-25.20 degrees east; 126-27.59 degrees east); (d) on the left side of the other vessel at intervals of 250 degrees east; (d) 40 meters away from the west of the other vessel; (e) 250 degrees east; (e) on the left side of the other vessel at intervals of 15 degrees east; (e) on the left side of the other vessel; (e) on the left side of 36 degrees Y and 4 degrees west.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of I and D;

1. Protocols of each postal statement concerning E, H, F, and G;

1. Application of Acts and subordinate statutes of J;

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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