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(영문) 인천지방법원 2015.02.13 2014고정2454
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the captain of the “C”, who is the vessel of the coast guard network, for the self-months of Incheon Cheongjin-gun, and is the person in charge of the safety of seafarers operating and operating vessels.

On October 25, 2013, the Defendant: (a) on the landing point in Jung-gu Incheon, Jung-gu, Incheon; (b) on October 25, 2013, on board the said vessel, got seafarers, including victims D (Nam and 63 years of age); and (c) caused seafarers to engage in operation in a manner that they walk with the water and walk.

In this case, the defendant has a duty of care to educate seafarers about the safety operating methods of care and operating equipment according to the operation process, and to ensure safe operation while considering the status of operation including the location of seafarers during operation.

Nevertheless, the defendant, even though the victim is in the vicinity of the water in operation, did not confirm that the victim turns on the safe place, and caused the above water to face the side of the victim's bridge due to the negligence of driving the ship and changing the direction.

Then, the Defendant did not take appropriate measures such as operating the vessel and ordering the victim to work in a correct manner so that the water can be cut off in a safe manner while moving the place, while the Defendant had been working again, and the fourth finger of the victim got the victim to his/her equipment to reduce his/her water.

As a result, the Defendant suffered damages to the victim due to the above occupational negligence during approximately six weeks of medical treatment. “Absents of the bones of fingersmady,” which is necessary for the victim’s treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D, and part of the witness E’s legal statement;

1. Application of Acts and subordinate statutes of a medical certificate of D;

1. Relevant provisions concerning facts constituting an offense;

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