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(영문) 광주지방법원 해남지원 2020.06.04 2020고단80
업무상과실치상
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the captain of a fishing vessel B (1.99 tons) in Geumdo-do-Eup, Geumdo-gun, who is engaged in the operation of the above vessel.

On April 20, 2019, the Defendant operated the above B on April 12:45, 2019, set sailed from the front line located in the front line in the west-do Eup in the Jeonnam-do, and sailed approximately 342 degrees speeded by approximately 23 km in the direction of FIX 34-19-26.03N 126-45-19.79E.

At the same time, the navigation of another vessel is frequent. In such cases, the captain has a duty of care to prevent accidents in advance by keeping the vessel operating on the right side when there is a risk of collision, especially when crossing another vessel, using all means that can be used in accordance with visual, hearing, and the prevailing circumstances and conditions at any time.

Nevertheless, the Defendant neglected his duty of care and failed to take care of the surrounding area, and caused injury to the victim, such as cerebral cerebral in which the victim C (the 71-year old-age-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-of-age-age-age-of-the-counter-age-age-age-of-age-age-age-of-the-counter-age-age-age-of-age-age-age-age-age-related-

Summary of Evidence

1. Defendant's legal statement;

1. Notarial photographs (D), documentary evidence photographs (B);

1. A investigative report (referring to review on laws applicable to collisions);

1. B, DV-PAS port entry

1. B, D(hours, locations, speeds, courses)

1. Three copies of the situation of collision between ships;

1. B and D respective ports;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

1. Article 62 of the Criminal Act:

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