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(영문) 대전지방법원 서산지원 2014.05.22 2013고정148
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who was on board a ship from C (24 tons), a fishing vessel near the coastline of the west-gun, Chungcheongnam-gun.

At around 04:30 on November 13, 2012, the Defendant was running a ship engine and operated a steering gear of the said ship at the speed of approximately 3 p.m., at the speed of about 3 p.m., while leaving the port where the instant ship was moored from land to the third location of the said port.

In such a case, the defendant has a duty of care to prevent accidents due to proper alert in order to fully grasp the surrounding situation and the risk of collision with another ship for the safety of the ship.

Nevertheless, at around 04:30 on November 13, 2012, the Defendant neglected this and, on the part of the occupational negligence coming from the back of the vessel, conflicted with D(29 tons) on the port side on the port side of the vessel, which is an inshore fishing vessel for the loading of Busan Metropolitan City, which is the ocean-going fishing vessel, at approximately 100 meters away from the wharf at the port of Jindog-ri, on the port side of the vessel, at approximately 100 meters away.

As a result, the Defendant suffered from the injury that requires approximately 3 weeks of care to the seafarers E (years 37) who were on board the above D, on the left left left of the west, and to the same F (years 50) on the climatic salt, the right-hand salt, and the left-hand salt.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and F;

1. Receipt of reports on collision ships and reports thereon;

1. Evidentiary photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.

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