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(영문) 광주지방법원 순천지원 2017.09.07 2017고합61
특정범죄가중처벌등에관한법률위반(선박교통사고도주)등
Text

Defendant

A and B Imprisonment for 2 years and 6 months, Defendant C shall be punished by a fine of 20,000,000, and Defendant D shall be punished by a fine of 3,00,000.

Reasons

Punishment of the crime

[criminal history] On November 20, 2015, Defendant C was sentenced to a suspended sentence of three years for one year and six months, due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Mancheon Branch of the Gwangju District Court on the Punishment of Violences, etc. on November 2015. The judgment became final and conclusive on November 28, 2015.

[2] Defendant A is a second class mate of Russia Cargo Line H (H, 6,898 tons) with a Russian nationality foreigner. Defendant B is a foreigner of Russia nationality, and Defendant C is the captain of the above H. A (4.9 tons) with a view to the view to the view of the catching ship at the time of leisure, and Defendant D is the owner of the above H.

1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the escape of a ship) and the Search, Rescue, etc. of Defendant B’s water surface at around 17:00 on March 18, 2017 departing from the Republic of Korea to the port of China’s Cheongdo on March 19, 2017 at the speed of 12.8 knots, where Defendant A left the port of the Republic of Korea on March 19, 2017.

At the time, Defendant A, from around 23:00 on March 18, 2017 to around 03:00 on the following day, stated the facts charged at around 03:00 as “from around 00:0 to around 04:00.” However, in the evidence record, this is based on the R/C standard hours (GM 10) of R/C (GM 10) used by H as the standard hours of the order on duty, so the Korean time standard (GM 9) shall be deemed to be around 11:0 to 03:00.

Therefore, this part is obvious that it is a clerical error, and even if it is corrected without any changes in the indictment, it is not likely to substantially disadvantage the defendants' exercise of their right to defense, and it is corrected ex officio.

Until now, the pilot was assigned to be on duty in the steering house, and, in particular, many small-sized fishing vessels are on duty at the south of the steering house, the area of the sea between the south and the south of the above hours. However, a power-driven vessel underway should navigate safely by avoiding the course of the vessel engaged in fishing. Thus, Defendant A is an international rule on the prevention of maritime collision.

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