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(영문) 창원지방법원 통영지원 2015.03.26 2014고단833
업무상과실치사등
Text

Defendant

A and B Imprisonment with prison labor for 10 months, and Defendant C shall be punished by a fine of 5,00,000 won.

Defendant

C The above fine.

Reasons

Punishment of the crime

Defendant

A is the first class mate of Busan 278 ton ship, and Defendant B is the first class seafarer of Changwon 59 ton ship of Changwon 59 ton, and Defendant C is the J shipowner.

1. Defendant A

A. On August 12, 2014, around 14:00 on August 12, 2014, the Defendant of occupational death, injury by occupational negligence, and full-time vessel of occupational negligence: (a) on board the tugboat I at the wharf of the treatment shipbuilding station located in the Gapo-dong, Gyeongnam-si, the Defendant departed from the Chinese coastal Port Navigation K with a ship of 5,102 tons carrying the said tugboat 50km and the block loading equipment of 5,102 tons, towing the fleet K as the above vessel.

At around 15:30 on the same day, the Defendant was in shift from the 2nd mate L on duty, and around 16:00 on the same day, the Defendant confirmed the fact that, at around 16:00 on the 1stma (N 34-46-15N east 128-44-00 EN east 128-40E easteast) of the southwest-gu, west-gu, west-gu, west-do, that, while directly operating the said tugboat at approximately 7.5 knots mar in the direction of the west Jeju Jeju Do, the Defendant discovered the J of the said barge-gu fishing vessel navigating at a speed of about 224 degrees away from the port direction of the said barge to about 0.5 miles mar e.g., at a speed of 16:19 on the same day, the said fishing vessel was close from the port direction of the barge to 0.3 miles.

In such a case, the defendant shall observe the action of the approaching fishing vessel from time to time by means of radars so that it can sufficiently grasp the surrounding situation and the risk of collision with other vessels, and shall take full-time measures to prevent collision, such as making it clear the route between the other fishing vessel by communicating with the other fishing vessel through the VHF communication apparatus, and when it is determined that the other vessel can not avoid collision by the action of the give-way vessel alone because the give-way vessel is very close to the give-way vessel when she maintains the stand-on vessel, she shall take active cooperative action, such as accelerating the speed of the give-way vessel or changing her angle by side.

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