Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the captain of C (24 tons, owners D) who is a fishing vessel of the Da (24 tons, owners D) and is engaged in vessel operation.

Around 04:00 on April 10, 2015, the Defendant departed from the Republic of Korea from the Republic of Korea at the Newjin-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and was sailing at the sea of 3 days on April 10, 2015, Incheon Mukdo, Incheon, on April 10, 2015.

Since the place is frequently where fishing vessels are frequently operated, the defendant, as the captain, has a duty of care to safely operate vessels in order to prevent collision with other vessels by taking into account the surrounding situation.

그럼에도, 피고인은 위와 같은 주의의무를 위반하여 깜박 잠이 든 채 만연히 C를 운항한 업무상 과실로 5m 앞에서 조업 중인 E 소유의 F(9.77톤, 선장 G 등 5명 승선)를 뒤늦게 발견함으로써 조타기를 우현으로 급변침하였으나 피하지 못하고 F의 좌현선미를 C 선수 정면으로 충격하였다.

As a result, the Defendant destroyed the existing vessel with five crew on board, by excluding F agency rooms by occupational negligence as seen above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Articles 189 (2) and 187 of the Criminal Act concerning the choice of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006) (1)