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1. The sentence against the accused shall be 1,000,000 won;
2. The defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant shall be engaged in fishery as the captain of a fishing vessel C (4.9 tons) of a military fishing boat (4.9 tons) on which a rooftop drawing is loaded in the military.
On September 25, 2017, the Defendant completed fishing operations at sea at approximately 200 meters (Fix 35-58.53N, 126-31.14E) of the south-Sinsan-si located in Sinsan-si (Fix 35-58.53N, 126-31.14E) and started operating at approximately 12 knotss to allow fishing passengers to leave the wharf at non-op port.
In such a case, the defendant is a captain responsible for overall control of the safety of fishing passengers with the above vessel and has a duty of care to grasp the risk of a collision with other vessels at all times by using all means that can be used in accordance with the surrounding situation and the situation at the time so that it can sufficiently grasp the risk of a collision with other vessels, and a vessel equipped with a radar has a duty of care to observe long-distance injection, detected objects, and other systematic observations using the radar.
Nevertheless, the Defendant neglected his/her duty of care and neglected to ensure safe navigation by using navigational equipment, such as radars, on the ground that there is no problem in safety due to the lack of good maritime weather and navigational vessels. On the same day, the Defendant neglected his/her duty of care and did not discover any leisure D (1.09 tons) with which he/she was engaged in fishing in the top at sea at approximately 400m (FIx 35-56.03 N, 126-31.24E) of the northwest-west 14:04 (Fix 35-56.03 N, 126-31.24E) on the same day, and did not discover any leisure d (1.09 tons) with C’s oil, which conflict with the middle part of the left part of D, thereby causing injury to the victim E (70 years old per party) who was on board the other party E (the 70-party executive members in need of treatment of about 10 weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. Photographss and leisure boats (D) identification pictures related to collisions of V-PAS anti-verification photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Criminal facts;