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(영문) 광주지방법원 장흥지원 2017.09.21 2017고단81
업무상과실치사등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 1.5 million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is the owner or captain of a fishing vessel E (1.98 gross tonnage, F. 1.98 gross tonnage, 250 E. E. 1 gross tonnage and 250 E. E. 1 gross tonnage) of the ship at the coast of the former T.Y., and is a person who has obtained a license to engage in fishery and has obtained a license to engage in marine articles (small-sized gambling pilot).

Defendant

B is a person who is engaged in fishery as a master and is engaged in the actual owner of G (1.31 ton of gross tonnage, H and 175 Efab. 1 ton of fishing vessel numbers) of the ship at the cost of the ship at the port of registry at the coast of the Jeon Ho-gun, Jeon Ho-gun.

1. Defendant A

A. On January 18, 2017, the Defendant, at around 02:17, was on board as the captain of the E (1.98 tons) at the port of the Jinung-gun Association of the South-Yungjin-gun, the South-Yungjin-gun, the Defendant left the port to operate through the fishing ground and entered the port to operate the fishing ground at around 04:10 on the same day, and via approximately 2,000 meters at the sea of approximately 5,000 meters (2,00 meters at the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e. the e.).

E is a vessel whose navigation at night was prohibited by a fishing vessel inspection certificate due to the failure of a vessel, etc. to be installed at night in accordance with the structure and facility standards of a small fishing vessel with a total tonnage of less than 10 tons, and in the event of high speed navigation at night, it is difficult to secure the vessel due to frequent operation of the vessel at night. In such a case, a person engaged in the operation of a vessel has a duty of care to prevent accidents from the danger of collision with another vessel thoroughly approaching by giving separate attention.

Nevertheless, the Defendant neglected to conduct night navigation, which is prohibited, neglected to do so at night, neglected to navigate in the front bank, and neglected to navigate in high speed on the same day. At around 04:19 on the same day, G (1.13 tons) with E’s player part at sea of approximately 4,200 meters away from the north west-dong of the arrival of the Iplow-gun, the North-dong of the Iplow-gun, North Korea, and strong shock on the left side of the E’s deck.

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