1. On May 8, 2013, the Defendant: (a) was the captain of C (C, 38,606 tons) (C, 38,606 tons) of C, the scler’s nationality, and was on board C, who was loaded with 57,750 tons of cargo at the Magyna Port of Magran, Magran, Magran, on the port of Magna, Magran, and was under direct command of the steering of the ship at the port of Busan, the territorial sea of the Republic of Korea on July 10, 2013; (b) around 04:30 on July 10, 2013.

The Defendant did not comply with the safety navigation rules stipulated in Articles 8 and 19 of the International Rules on Prevention of Collisions at sea and did not take all necessary measures such as taking action to avoid collision or accelerating it at sufficient time in order to avoid collisions with vessels adjacent to the mother line. At around 04:54 on the same day, the Defendant, at the sea of July 5, 199, caused a collision (hereinafter referred to as “instant accident”) with the Korean flag cargo E (E, 1,98 tons) (E, 1,98 tons) of the vessel’s vessel on the sea, which is on the same sea as the vessel’s stem.

Accordingly, at around 05:14 on the same day, the Defendant buried the cargo line E owned by 12 seafarers, including captain F (ma, 63 years old) on the sea and caused loss of its utility as a ship by burying it on the sea, and at the same time discharged oil from e buried on the sea to the sea, and contaminated the sea equivalent to 20 days in length and 20 meters in width.

Meanwhile, even if the captain of a ship who caused a distress accident does not request the captain of the ship to take necessary measures to promptly rescue persons in distress, the defendant did not take necessary measures to promptly rescue 12 seafarers in distressed in E.

2. The lower court’s determination on the following grounds: (a) on the instant accident to the Defendant, 1972.