Defendant

A shall be punished by imprisonment without prison labor for one year, and by imprisonment without prison labor for six months, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Punishment of the crime

Defendant

A is the captain of the cargo E (3.74 tons coastal self-net fishing vessel) on the rear-gun, Ulsan-gun, and the captain of the defendant B is the captain of the cargo F (1.6 tons of the cargo) on the rear-gun, Ulsan-gun.

Defendant

B around 08:00 on April 23, 2017, around 08:0, after sailing F at the port of Pohang-gun, G (60 years old), H (53 years old), etc., fishing at the sea near the G (53 years old), and entered the port of Pohang-gun, Ulsan-gun, Chungcheongnam-do, and thereafter entered the port of Pohang-gun at around 11:30 on the same day. The Defendant A, at around 11:30 on the same day, sailed from the port of Pohang-gun to 0.121% alcohol concentration during blood transfusion.

As above, at around 11:35, on the sea, approximately 47 meters prior to the port north wave, E was operated in the direction of departure from the port, and F was operated in the direction of entry into the port, and in such a case, the Defendants liable for the safety navigation of the ship and the safety of the crew have the duty of care to prevent the collision of the ship by thoroughly conducting rash surveillance and inspection to prevent the collision of the ship and taking action to avoid the collision to the maximum extent possible, with sufficient time when the collision is anticipated.

Nevertheless, under the influence of alcohol, Defendant A, while leaving a port on the left side of the port at which the vessel entered into a port, neglected to take appropriate measures to avoid the collision by discovering the aforementioned F at a late time. Defendant B, despite the failure of the E to take action to avoid the collision, was only expected to avoid the collision with the other vessel, and did not take any prior measures to avoid the collision with sufficient time to avoid the collision. Defendant B, by negligence, caused the two net equipment installed in the on-site player of E to conflict with the F’s port line with the other hand on the port of the latter, caused the collision with the other hand on the latter’s port, and supported the F’s walthm.