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(영문) 인천지방법원 2018.05.09 2018고단12
업무상과실치사등
Text

Defendant

A shall be punished by imprisonment without prison labor for three years, and by imprisonment without prison labor for one year and six months, respectively.

on the part of the defendant B.

Reasons

Punishment of the crime

1. Defendant A is the captain of G (the Incheon Metropolitan City, the gross tonnage of 336 tons, and the length of 50.59 meters) who is the carrier of petroleum products, and Defendant A is the person responsible for the safety operation of the ship. Defendant B is the watchkeeping crew at the time of the deck interest accident in G, who takes charge of the safety operation of the ship at the time of the vessel operation.

2. On December 3, 2017, Defendant A around 04:3, around 04:5, on board G, five seafarers, including Defendant B, on board the wharf of the Incheon Northern Port GS Logistics Center located in 101, Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, to leave the wharf of the Incheon Northern Port GS Port GS Logistics Center and leave the wharf of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 06:0 on the same day, Defendant A, around 06:0, was navigating at about 220 degrees, and about 13.3 knots at speed.

At the time of the accident, it was difficult to 07 :31) all others, and there was a strong winding approximately 7.8 to 13.4 meters in the middle-speed.

The accident place is a rock that is exposed only to an island and a sloping rock in the vicinity, and the width of the sloping waterway is about 350 meters, such as the exposure of sloping at the time of sloping, and the passage of flat fishing vessels, leisure boats, etc. is frequent in the surrounding area.

On the other hand, the victim H(70) was sailing in the same direction as G around 05:56 on the same day at around 05:56 around 10 fishing vessel I (the port of registry, the gross tonnage of 9.77 tons, the length of 13.3 meters) with approximately 22 seafarers and passengers aboard at the port of registry, and departing from the port of entrance at the port of entrance at about 05:59 at about 214 degrees, speed of about 8 knots, and the situation of collision between ships at the time of collision refers to the “the degree of collision” as to the sea area in which the accident occurred, and the situation of collision between ships at the time of collision. The part of the road at the port of collision is the land and the part of the sloping appears to have been revealed at the time of tidal wave

3. In the event of the Defendants’ breach of their duty of care, Defendant A, who is engaged in the operation of the vessel, shall be subject to long-distance injection, drawing of detected objects, and other systematic observations using radars, as well as to the shore.

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