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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.
Reasons
Punishment of the crime
The defendant is the captain of Gangseo-gu Seoul Special Metropolitan City (23 tons and political net management ship) who is engaged in the operation of the above ship.
On June 27, 2018, the Defendant, around 03:00, sailed at approximately 8 knots at a speed of 0.6 nautical miles from the north-do bank of the order-based port at approximately 0.6 nautical miles.
At all times, there is a sea where the risk of collision of vessels exists due to frequent operation and movement of small-sized out-of-board fishing vessels, so the Defendant has a duty of care to prevent collisions in advance by bringing another vessel's attention to nearby areas by using all means that can be used in accordance with the visual, hearing, and the prevailing circumstances and conditions, and thus, the Defendant had a duty of care to prevent collisions in advance.
Nevertheless, if the defendant neglected the above main duty, the defendant found D(1.01 ton) that the victim C(70 years of age) moving from the right side of the defendant's vessel to the left side for fishing at the same sea as he neglected the above main duty, and caused the victim's vessel's port hull to the front side of the defendant's vessel.
Ultimately, the Defendant destroyed a ship in which the victim is present due to the above occupational negligence so that the amount equivalent to KRW 13,624,00, such as the damage of the steering boat’s hull, etc., and at the same time suffered injury to the victim, such as the shoulder gate which requires treatment for about two weeks, and other dysiums of unknown parts
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A report on the collision of ships;
1. Report, notification, and instruction of the results of the measures taken against the vessel at the beginning of, and the collision with, an order;
1. D (1.01 ton), B (23 ton) V-Pass port of June 27, 18
1. Photographs related to collision D (1.01 tons), B (23 tons);
1. A medical certificate;
1. Application of Acts and subordinate statutes, such as investigation reports (verification of details of D repair checks for victimized fishing vessels, etc.), certificates of shop prices on vessels, and specifications of repair;
1. Article 268 of the Criminal Code applicable to the crimes by occupational negligence (the point of injury by occupational negligence).