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[Defendant A] The defendant shall be punished by imprisonment for ten months.
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
Defendant A of the 2019 Highest 2539, an unmanned barge, is the captain of Busan City P (118 gross tonnage, 22.43m in length, 7.80m in depth, 3.01m in depth, 6m in depth) of the unmanned barge C (3,354 gross tonnage, 80.6m in length, 26m in depth). The captain of the 2019 Highest 2539 is the person who is responsible for the operation and management of the ship and is engaged in the duties of the "port officer" in compliance with maritime-related Acts and subordinate statutes when the ship navigates. The Defendant B Co., Ltd. (E representative) is the person who owns the above tugboat D and barge, and employs Defendant A as the captain of the D.
F is the master of a fishing vessel (FRP material, 7.93 gross tonnage, 7.93 tons on board) with a view to the shipment of the rooftop drawing in Gunsan City, and H is the person who is responsible for the operation and management of the vessel, and H is the owner of the above G and employs F as the master.
1. Defendant A
A. From July 8, 2018, around 04:00 on July 8, 2018, the Defendant entered the port of Busan Sea for the purpose of vessel repair and inspection by connecting the tugboat Dun and the barge C's vision with approximately 200 meters towing lines (80 meters in diameter).
around 19:04 on the same day, the Defendant continued to navigate approximately 180∑ 6.3 nautical miles south-dong, west-do, west-do, west-si, west-do, and approximately 6 nautical miles (3.7 km) from the west-do, west-do, west-do, and the G of a fishing vessel operating at approximately 2 nautical miles (3.7 km) on the west-do, west-do, west-do, and approach the course of the tugboat D.
In such cases, the defendant, as the captain and watchkeeping officer of the towing D who takes charge of the heating of the towing, shall always keep an appropriate boundary using all means that can be used in accordance with the visual and visual circumstances so as to fully grasp the surrounding situation and the risk of collision with other vessels during navigation, and to grasp in advance the risk of collision with other vessels.