The defendant is the captain of C (7.93 tons)(7.93 tons) who is a coastal vessel fishing vessel at the shore of the shipment, and is engaged in operating of the above vessel.

On September 19, 2015, the Defendant operated the above vessel on the 03:50 on September 19, 2015, and navigated with the Ma-do 0.8 Emban-gun, Chungcheongnam-gun, Chungcheongnam-do to the Ma-do Ma-do Ma-do Ma-do.

At the time, there are new walls and fishing vessels operating in the vicinity, so in such a case, there was a duty of care to prevent accidents in advance by safely operating the vessel, such as taking the front door and left door well, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant failed to discover the F (1.21 ton) which was a coastal network fishing vessel at the coast of the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, the coastwise, which was operated by the victim E (56) due to the negligence of operating the stroke, while neglecting this, and was in the station after the Defendant got the upper center part of the said F in front of the said C and going up on the deck.

Ultimately, the Defendant, as a result of the above occupational negligence, destroyed the above F, which was the victim, to the extent that it is impossible for the Defendant to perform part of the functional usage due to the damage on the back side of the deck at the port, and went away without taking necessary measures, such as prompt rescue of the distressed person, even if the victim, who was engaged in fishing operations in the above F, fell at the sea, resulting in the death.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to G, H and I;

1. The analysis report on traffic accident and the legal and chemical appraisal report;

1. Certificates, photographs, and body death certificates, accompanying the body of a deceased person;

1. Application of investigation reports (Comparison and analysis of radars and details of receipt of vessel location transmitter), investigation reports (verification of escape routes deviating from the scheduled arrival routes of the vessel);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;