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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the captain of B (7 persons on board, 323 tones, 4,600 tones, 7 persons on board), a tugboat of Ulsan shipment, who is engaged in navigation of the above vessel.

At around 12:30 on September 19, 2015, the Defendant: D (1,467 tons, 13 persons on board) was towing to B, which was the oilline of Cambodia (1,467 tons, 13 persons on board) which was the oilline of Cambodia, which was marked as an engine engine at the sea of 2 miles-dong, Newan-gun, Seoul.

In such cases, if the condition of towing ships, sea climate change, etc. is well known to the defendant, and the condition of towing ships is not good, the defendant has a duty of care to prevent maritime accidents in advance by stopping towing or decreasing towing speed.

Nevertheless, the Defendant neglected to do so and caused 3 meters by typhoons at the time, and caused bad weather conditions, such as wind and wind, up to 10-15 meters/s, etc. In particular, when the Defendant attempted to do so in an unreasonable manner in the above circumstances, the Defendant suspended the above D, despite being being damaged by sea water due to the damage of the said D’s coordinates and friendly glass, and continued to sinking the said D on the sea at around 10:20 on the same day, with the said D’s towing order, at around 32-26.1 N, 124-15.9E on the same day.

Ultimately, the Defendant caused the death of the victim E, a seafarer of the Republic of Korea, who was on board the said D due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (including a summary of the relevant person's statement and a report on the point of suspected crimes);

1. A report on the current situation, and output of weather information;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Articles 268, 189 (2), and 187 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the cause of the sinking of the instant vessel.