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(영문) 창원지방법원 통영지원 2018.03.28 2017고단1886
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The Defendant is the captain who is the general manager for safety management of fishing C(9.77 tons) fishing vessels at the time of macro-fishing.

On June 18, 2017, the Defendant started fishing operation on the ship with 18 fishing passengers and 1 crew members at the Hongdo-si, Hongdo-si, Hongdo-si, Hongdo-si around 05:0 on June 18, 2017, and on the same day, the Defendant sailed at 294do-do-dong Sea at 13 knots-do-dong, Hongdo-do-do-do-ri, 06:21.

In this case, the defendant, who is responsible for the safety management, etc. of the ship, has a duty of care to take measures to prevent the collision, such as detecting the fishing vessel in the front bank by thoroughly performing the duty of safety management at the front bank, accelerating the speed, securing the safety distance, and making it possible time to take measures to prevent the collision.

Nevertheless, the Defendant neglected to do so and operated the vessel of the front line on the engine warning box, which was 06:26 on the same day, without continuously putting the vessel of the front line, and without reducing or changing speed, and caused the collision between the Defendant and the Defendant, at the sea of 0.7 Ma-do, at the port of 0.7 Ma-do, with the front line of the vessel D(2.99 tons) with the vessel of the coast-on port line of the Defendant, at the port of 0.7 Ma-do.

Ultimately, the Defendant suffered, by the above negligence, the injury to the victim E (the 55 years old), a seafarer, who was on board the said D, to undergo a six-day medical treatment, such as double heat, etc., and to the victim F (the 48 years old), who is a seafarer, to undergo a four-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of each collision of ships;

1. Investigation report (the details of the accident and the description of the time of collision), C, D port data;

1. Copy of the written ruling;

1. Each written diagnosis shall be subject to the law.

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