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(영문) 창원지방법원 통영지원 2017.11.17 2017고단1466
업무상과실치사등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the master of the P(8.55 tons, FRP)-type fishing vessel D(8.5 tons, FRP)-type fishing vessel at the time of common navigation, who is responsible for safe navigation of the vessel while exercising overall control over fishing operations, and Defendant B is the owner of the above D and employed Defendant A as the captain of the above vessel.

1. Defendant A

A. On June 4, 2017, the Defendant, at around 07:40 on the 07:7:40 nautical miles from the port of the northwest of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the Defendant, completed the process of collecting the boom of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the Aboard, had the victim protruding the 2 part of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the breadth of the Aboard,

In this case, the defendant has a duty of care to thoroughly check the status of the character on board and the fixed condition of the character on board, and to prevent accidents such as the transfer of the ship by operating the ship so that the weight-centered one does not rapidly affect one another during the voyage.

Nevertheless, the Defendant neglected to do so and did not properly check the shape of the victim’s contact with the character fixed. During the voyage, the Defendant was forced to close to the left side, and the weight of the hull was rapidly cut rapidly to the right side, and the weight of the vessel’s engine was unfolded to the stern fixed line on the onboard of the fore deck, and the character on which the 500km amounted to 50kmg of the steering gear was over to starboard, so the vessel was frighted to the right side, and thus, the victim on deck was placed into the sea.

After all, the Defendant caused the death of the victim due to the death of the victim at the same time, which caused the death of the victim by occupational negligence.

(b).

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