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(영문) 광주지방법원 해남지원 2014.10.01 2014고단185
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a aquaculture C (1.68 tons, registration number D).

At around 09:10 on January 4, 2014, the Defendant departed from the above C to verify the eabaculture facilities installed in the neighboring waters of the same Eup/Myeon on board the said C in order to verify the eabaculture facilities installed in the ocean around the same Eup/Myeon, and the Defendant was operating the said vessels in the direction of the sub-section of the sub-section of the sub-section of the sub-section of the sub-section of the sub-section of the sub-section of the sub-section of the 09:30 on the same day.

The place is where a large number of fish farming facilities are installed, and the area is a sea lane where the Libera and Samma village residents frequently frequent fishing vessels operating for the management, work, etc. of the ebbbbage culture farm. In such a case, a person engaged in the operation of a ship has a duty of care to reduce the speed of the ship to a person engaged in the operation of the ship, and to check the dynamic and dangerous elements of the surrounding ship and to operate the ship safely.

Nevertheless, the Defendant neglected the duty of the front left left left by the Defendant, thereby finding the Victim E (the 63-year-old) operation “F” on the right-hand side of the Defendant’s operation at a distance of 15 to 20 meters away from the left-hand side of C, and did not cooperate with F to take measures to prevent any collision with F, and caused the victim on board F to fall into the sea and fall into the part of the victim’s head on the scrap of F.

As a result, the Defendant caused the death of the victim from the above occupational negligence, namely, the injury to the heavy sacrife and the heavy sacrife due to the death of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and H prepared;

1. A report on internal investigation (referring to hearing witness and statement of an accident);

1. Investigation report (to hear the speech and behavior of a shote);

1. On-site identification and response (F. C collision) with each other;

1. A death certificate;

1. Application of Acts and subordinate statutes of the distressed vessel evidence photographs.

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