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(영문) 대전지방법원 홍성지원 2018.06.12 2018고정17
업무상과실선박파괴등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of C (6.67 tons) who is a fishing vessel of Boban fishing, and is engaged in navigation of the above vessel.

On June 22, 2017, the Defendant entered the port of the outer year in the Yacheon-si, Yacheon-si, Yacheon-do, by getting fishing passengers, such as D and E, from the port of the outer year in the Yacheon-si, Yacheon-si, and had them navigated approximately 24 knots at the speed of about 8 Emp in the outer year in the same 11:00 on the same day.

At the same time, the zone of the above fishing place was in the state where the opening of the dog came to take place, and in such a case, there was a duty of care to prevent accidents in advance by safely operating the ship, such as making it possible for the person engaged in the operation of the ship to live well, reducing the speed, etc.

Nevertheless, the Defendant was negligent in proceeding without reducing the speed of the front line without taking a scambling, and scambling the front line (230cm x 220cm x 10cm x 10cm x in width) around the steering house, and destroyed the front line (10cm x 10cm x 10cm in width) around the steering house, thereby making it impossible for the Defendant to navigate the said vessel to the front line. The Defendant suffered from the victim D (61cm), the passenger aboard the said vessel (52 years), the victim E (52 years), the victim F (52 years), and the victim’s scambling part of the vessel’s structure with which it is impossible to know the period of treatment, and suffered from the victim’s injury to the front line and the victim’s scambling part (10cm in width), and suffered from the victim’s injury to the front line and the part necessary for treatment during three weeks.

As a result, the Defendant destroyed the above vessel that is in existence of F, etc., a fishing passenger, and suffered injury to the victims at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D, E, and F;

1. Cancer;

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