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Defendant
B The Defendant A shall be punished by a fine of 2,000,000 won, and a fine of 1,000,000 won.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
B is a captain of the catch transported ship D (28 tons) of the ship shipped in Taean-gun, Chungcheongnam-do, Chungcheongnam-do, and the defendant A is an owner of the ship E (32 tons) of the Incheon Metropolitan City ship E (32 tons).
1. Defendant B: (a) around 09:20 on May 9, 2014, at around 09:20, left the North-dong 1, Jung-gu, Incheon, Jung-gu, Incheon, from the coastwise Incheon Sea (152-1 Sea) and entered the port of approximately 30 households to the F of anchor net fishing vessel, and (b) around 04:30 on the following day, Defendant B entered the port to the Incheon Coast Guard Incheon Sea at around 04:30 on the following day.
In such cases, the defendant, who is the captain of the above catch transporting vessel, has a duty of care to prevent the collision between ships in advance, such as taking into account the surrounding circumstances of the vessel at night or at the time of limited vision, and checking the course of navigation on the land, using the radar capable of operating at night or at the time of limited vision, when operating the narrow water or port near the port of port.
At around 04:30 on May 10, 2014, the Defendant entered the coastal head of the Incheon Fisheries Cooperative, and the correction was about 10 meters, but did not operate the radar like usual, and neglected to check the E (32 tons) at the time of the Incheon Si Ship that departs from the wharf, and did not discover the E (32 tons) at that time, caused the damage to the victim G (43 years old) who was on board the E by shocking the 2-3-day medical treatment for the 2-day medical treatment of the 2-3 week to the victim H (35 years old) by failing to discover the E (32 tons) at that port.
2. On May 10, 2014, around 04:30 on May 10, 2014, Defendant A left the port by getting 28 passengers aboard the excursion ship E from the coast wharf 7, Jung-gu, Incheon, Jung-gu.
In such cases, the defendant, who is the captain, is in preparation for the operation of the radar at night or at limited time when operating the narrow water system or the port near the port where the entry and departure of the ship is complicated.