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(영문) 인천지방법원 2016.05.20 2016고합90

특정범죄가중처벌등에관한법률위반(선박교통사고도주)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The defendant violates the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., escape from a traffic accident) is the captain of the Incheon Fishing Vessel C (19 tons) and the person engaged in the operation of the said vessel.

On October 6, 2015, the Defendant operated the said vessel under the influence of alcohol content of 0.107% during blood transfusions, and continued to run approximately 18.5km each hour at a speed of 2 nautical miles of Jung-gu Incheon Jung-gu, Jung-gu, Incheon.

At night, there was a duty of care to safely drive the ship by keeping the location of another ship well and maintaining the distance between the ships.

Nevertheless, the Defendant neglected this and operated by the victim D(58)(S) in close vicinity while checking the names of the above E, and the Defendant was driving without adjusting the speed while the latter was confirmed.

C was the part of the port players of the above E, and received the left part of the E.

Defendant: (a) due to such occupational negligence, inflicted injury on the victim D, such as chrops, tensions, etc. in need of approximately three weeks of treatment on the part of the victim F (29 years of age); (b) inflicted injury on the son F (F) on the son’s thire’s cerebrum, etc. in need of treatment for about three weeks; and (c) inflicted injury on the son G (54 years of age) upon the son’s son’s son’s son’s son’s son’s son’s son, tensions, etc. in need of treatment for about three weeks of treatment; and (d) escaped without immediately stopping

2. A person under the influence of liquor in violation of the former Act shall not operate the steering gear of the vessel for navigation;

A. On October 6, 2015, at around 20:33, the Defendant: (a) operated the steering gear of the above C while under the influence of alcohol content of 0.107% in blood at the sea of 2 nautical miles in Jung-gu Incheon Jung-gu, Jung-gu, Incheon.

B. On October 7, 2015, the Defendant is under the influence of alcohol by 0.090% of alcohol concentration at 2.8 nautical miles East-dong, Jung-gu, Incheon, Jung-gu, Incheon, at around 12:45.