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(영문) 부산지방법원 서부지원 2021.02.04 2020고합161
업무상과실선박파괴등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

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

Reasons

Punishment of the crime

The Defendant is the captain of the B (29 tons) fishing boat B (29 tons) with the inshore loading of the livestock industry in the Young-gun, Chungcheongnam-gun, and is a person who has a general responsibility for the operation and safety management of the said vessel.

On February 3, 2020, the Defendant departed from the port of Yancheon-dong, Busan, the area of operation of which is the area of operation at the sinking-dong, Seocheon-gu, Busan, and around 12:00 on the same day, the Defendant was on the sea of the area northwest-dong, Busan, the area of which is the area of operation.

At the time, the Defendant had a duty of care to prevent the collision of vessels, such as the victim C (the remaining and the 64 years old) and the route of the said D (4.98 tons) of the Busan Coast Guard, which is operated by the captain, had a duty of care to thoroughly check for the safe operation of vessels, and to prevent the collision of vessels, such as navigation of vessels, by taking the course of the said D, which is engaged in fishing.

Nevertheless, the defendant can pass through without a collision even though he/she finds D being engaged in fishing in the front bank.

On the other hand, the above D was destroyed by the negligence of not performing the duty of care at the time of the dog without changing the course, and without changing the course at around 12:12 on the same day, and the collision between D's port side and D's port side at the end of the 4.3eth of the above sea of the same day, making it impossible for the victim to navigate because half of the steering house occurred on the port side of the above D's port side owned by the victim C, making it impossible to navigate by flood so that the degree of half of the steering house can be broken down, and at the same time, the victim, who had been engaged in the above D's vessel on the top of the collision, exceeded the deck for about 4 weeks by causing the victim to suffer from an injury, such as a large-scale compost, which is in need of treatment of the victim C, and caused the victim (59 years old and 59 years old)'s death at the 14:20 emergency hospital in Busan Metropolitan City.

(i) the evidence;

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