However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is the captain of Busan Coast Guard B(3.30 tons) and is a person who is responsible for the safety management and overall safety of the ship.

On July 31, 2013, the Defendant, around 03:40, operated the above vessel at the sea of 200 meters prior to the 126th of the School of the Republic of Korea, Giju-gun, Busan-do, Busan-gun, and proceeded at approximately 3-4 Emp of the School of the Republic of Korea, which is the place of operation.

At that time, a person engaged in the operation of a ship, who has a inside of a dog at that time, has a duty of care to carefully examine the situation of the front-way, so as to fully grasp the risk of a collision with another ship.

Nevertheless, the Defendant neglected to do so and failed to discover the loading C (1.75 tons) of the Busan plane captain-gun, which was operating a fishing gear in the frontline by negligence without living well with the radar, and thereby received the part of the said C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

As a result, the defendant transferred two persons, including the victim D(68 years of age), E(60 years of age), and the victims fall into the sea and caused E to see, and caused D to suffer bodily injury, such as cerebral celebs, which requires D to receive approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (informating investigation documents, submitting D diagnosis certificates);

1. Articles 189 (2), 187, and 268 of the Criminal Act for the crimes concerned (the occupation of a ship by occupational negligence) and Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines for similar cases are recommended, the scope of sentence, the traffic crime group, the type of traffic accident.