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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
The defendant is the captain of B (6.67 tons, diesel 430 Embs, FRP, fishing vessel number C), which is a optical cancer port registry management ship.
1. The Defendant who destroyed a ship on duty and its actual course is the captain of the above B, and the Defendant has a duty of care to closely grasp the surrounding sea conditions and to prevent the collision with rocks bypassing or lowering the speed of the sea area.
Nevertheless, on April 22, 2017, the defendant violated the above duty of care, and even though he was well aware that he was a sea area where he had a rocked, the defendant met the center part of the upper part of the ship at the bottom of the ship on the ground of the occupational negligence proceeding 9 o't take appropriate measures to prevent accidents, such as bypassing the sea area or reducing speed, and by placing staff at the time of dogs, even though he knew that he was a sea area where he had a rocked in the west-do research o't. 13:40 on Apr. 22, 2017.
In conclusion, the Defendant destroyed the above-mentioned ship with three seafarers, such as where sea water flows into a ship and making it impossible to navigate the ship because the Defendant caused a strike of approximately 20 cm in length at the center of the upper part of the above ship due to such occupational negligence.
2. No person who violates the law of ship personnel shall serve aboard ship as ship personnel without obtaining a license for marine engineer;
Nevertheless, the Defendant served as the captain at the time and place specified in paragraph (1) as the captain in the above B without a certificate of marine articles.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the current state of the creative Sea;
1. Photographs confirming whether B is damaged;
1. The application of Acts and subordinate statutes to reply to a request for cooperation in investigation affairs (ship documents) and to reply to a request for cooperation in investigation affairs (whether the person holds a license as a marine engineer);
1. Relevant legal provisions for facts constituting an offense, Articles 189(2) and 187 of the Criminal Act for the choice of punishment (the point of occupational and actual destruction of a ship, the choice of fines), Articles 27 subparag. 2 and 4 of the Ship Personnel Act (the point of serving as a ship's personnel without obtaining a license for marine articles, and the choice of fines).