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(영문) 부산지방법원 2016.08.11 2016고단2358
업무상과실치사등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 26, 2015, the Defendant: (a) completed the annual inspection on May 12:10, 2015, at the wharf of the inner wall of the ship located in the Busan coastwise Port, Busan (980 tons); (b) as the state of the main engine’s inspection and the implementation of the trial are unclear, the Defendant connected the player of the said ship to E (22 tons) which is the towing of Busan, and (c) which is the towing of Busan, and (d) caused the Defendant to depart from the port of Busan (24 tons) where the vessel was towed by the said towing.

If a towing boat with a large size of a towing is used as a separate power, if the towing is converted to the direction of the towing, it is likely that a small towing boat will be towed in size due to excessive fluence in towing among them. In such a case, the Defendant, the captain of the towing, who was engaged in the operation of the towing, has a duty of care to safely navigate the towing by notifying such fact to the towing by using a communication channel when using power such as a main engine, etc.

Nevertheless, even though the Defendant received a report from the head of the agency immediately after passing through the breakwater in Busan, to use an engine for the trial operation of the main engine, without notifying the towing vessel of such fact on the occupational negligence on the same day as that of the operation of the engine, around 12:27m from Busan, Busan, Busan, and around 0.8km, D was using the main engine as above, and D continued to proceed with the main engine in accordance with the existing direction different from the direction of the alteration of E, while the players continued to go through the main engine, and thereby, D was on board the victim G (54 years) and the victim H (63 years old) by acting in excessive color connected to D and E, thereby doing so.

E was returned to the former.

Ultimately, the Defendant committed the above occupational negligence.

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