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1. Defendant A shall be punished by imprisonment without prison labor for a year and two months;
2. The sentence of the defendant B shall be suspended.
Reasons
Punishment of the crime
Defendant
A is the captain and captain of the ship at the 2.05 tons-class E with a o-ship at the time of macro-ship, and the captain of the defendant B is the captain of the 0.85 tons-class coastal complex fishing vessel at the time of macro-ship.
1. Defendant A, at around 21:00 on July 10, 2014, was under influence of alcohol at a 0.133% of blood alcohol content, Defendant A, at the time of a macro-city, was on board and departing from the above E at the arrival of the e-mail, and was sailing at approximately 120 degrees and speeded about 7 knotss in front of the dead bathing beach, which is in a flap.
At night, E is a vessel whose navigation at night is prohibited due to the lack of equipment, such as radars, etc., and thus, a person engaged in navigation of the vessel shall not navigate through the above vessel at night, and make navigation inevitable.
In order to fully grasp the surrounding situation and the risk of collision with other vessels, there was a duty of care to safely navigate the boundaries so that accidents do not occur, such as electric power failure and driving on the boundary.
Nevertheless, the Defendant neglected to navigate the above vessel, which is prohibited from night navigation, while leaving the port and operating it as it is at around 21:20 on the same day, and tried to find and avoid the F, which was operated by B at the sea of about 500 meters from the breakwater 50 meters away from the engine stop at the port of the same day, while the Defendant failed to avoid it, but did not avoid it, and did not avoid it, there was a conflict between the center section of the vessel on the port side of the Defendant’s vessel at the bottom of the vessel.
Ultimately, the Defendant caused the death of the victim G (the age of 44) who was on board the said E due to the foregoing occupational negligence by placing the victim H (the age of 67) who was on board the said F on the sea, and suffered bodily injury, such as the breath of the body part in need of medical treatment for about 10 weeks by placing the victim H (the age of 67) on the sea.
2. Defendant B: (a) on July 10, 2014, at around 20:0, two (2) dong-ri, dong-ri.