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(영문) 인천지방법원 2016.05.12 2016고합127
특정범죄가중처벌등에관한법률위반(선박교통사고도주)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the business of operating the ship as the captain of the ship C (total of 67 tons) from the ship of collecting wastes at port.

1. On May 17, 2015, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., escape from a ship), operated the above C around 07:40 on May 17, 2015, led the Defendant to run the sea of approximately 40 days (E.F) at the speed of about 5-6 knots at the speed of speed in the direction of the sea of the district in which the G fishing ground purification project in the G licensing area was implemented

At the time, the victim H(69) was on board D Port D L (1.53 tons in total) fishing vessels and was engaged in the removal of Kim cam at the time, and in such a case, the person engaged in the operation of the vessel has a duty of care to prevent the accident in advance by safely operating the power-driven vessel under navigation by avoiding the course of the vessel engaged in fishing and ensuring that the vessel is able to easily see the aforementioned I's attitude, send signals to a whistle, etc., or to fully grasp the surrounding circumstances and risks of collision with other vessels.

Nevertheless, the Defendant neglected to do so and found the above I late, and took an urgent action to avoid this time, but the measure was insufficient to take, and thus, the victim was in conflict with the above I's player part on the right side of the ship, thereby exceeding I's deck.

Ultimately, even though the Defendant suffered injury to the victim, such as opening ruptures around the left-hand 28 days of medical treatment due to such occupational negligence, the Defendant did not immediately stop the vessel and take measures such as aiding the victim, and escaped to the sea by approximately three days (35 days (34-29. 3910N, 127-01. 878E) in the face of the South-Yungung-dong, the North-dong bank located in the North-dong bank of North Korea.

2. When ships violating the Seafarers Act conflict with each other, the captain of each ship shall take all necessary measures to rescue human lives and ships;

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