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(영문) 광주지방법원 순천지원 2016.10.20 2016고합84
특정범죄가중처벌등에관한법률위반(선박교통사고도주)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a captain of Singapore's nationality oil tanker (D, 62,201 tons) with the nationality of friendly or foreigner, and the victim E (59 years of age) is a captain of FF (4.99 tons) of a fishing vessel on which the female ship is loaded, and the victim G (61 years of age) is a seafarer of the above F.

On May 5, 2016, the Defendant entered the port of Singapore at the delel 2 burial site (a place where ships anchor and anchor) on May 21, 2016, and operated the sea of approximately 6 mam in the East Sea at the south of the river at around 22:19 on the same day at the south of the river, at the speed of 12.9 knots.

When a ship departs from port, the captain shall direct and control the navigation in the steering house directly in the section where the duty of care for navigation is required, such as when the ship departs from port, when a heavy traffic passes, when the ship is heavy, and a vessel is heavy, and the captain, the captain, from the departure of the steering house to 23:30 on the day of the instant case, has been obliged to perform watchkeeping duty in the steering house. As such, the Defendant, the captain, during the said working hours, has to ensure the safety of navigation through the use of navigation devices, such as adequate observation and radar, in accordance with the International Rules on Preventing Collisions at Sea, and in particular, shall take active action to avoid collision, such as changing the direction at an early distance from the time when the risk of collision is reduced, sound signal, light signal, search signal, communications equipment, etc., and take other measures to call the attention of other ships.

In particular, it is frequently possible to operate various large and small-sized vessels entering and departing from the port of leisure and the port of light, and in such a case, a person operating a vessel is in operation, using the manual steering boat in order to avoid a collision with other vessels, to maintain the safety speed by accelerating the operation of the vessel, and to reinforce the employees outside the navigation equipment such as radars, and to ensure the safety of the vessel in addition to the operation of the vessel.

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