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The sentence against the accused shall be determined by a fine of KRW 1,00,000.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is a first class mate of the cargo ship of Korean nationality (16,766 tons).
On October 12, 2018, the Defendant, along with 21 other crew members, found C (35-47N, 129-48E) coming from the sea route of the above B at approximately 5 miles away from the port of the Sea at RussYET, on October 13, 2018, which was on duty at the port of Busan, and was on duty at the port of Busan (35-47N, 129-48E).
There were a large number of fishing vessels, and C was a marina, so there was a duty of care to prevent the collision of vessels in advance by safe navigation, such as giving a warning to the driver on duty by thoroughly checking the radar and surrounding areas, and by giving a warning to the driver on duty when the driver on duty does not alter the vessel.
Nevertheless, the Defendant did not examine the movement of the above C in detail and did not issue a warning by using lights or whistles, etc. even though C was in close vicinity, and at approximately 13 nautical miles at the 18:27 nautical miles at the port of the Dong-Eup, Mon-dong, Mon-dong, Mon-dong, Mon-do, and destroyed the above C’s team b’s top part at the fore part of the players of the above C, and caused the said C to take the repair cost.
Ultimately, the Defendant destroyed the existing ship by four seafarers, such as D by occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Each report on internal investigation:
1. Each situation report, police transfer, each port of call, and ship documents;
1. Application of each statute on photographs;
1. Relevant Articles of the Criminal Act and Articles 189 (2) and 187 (Selection of Fine) of the Criminal Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;