Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the captain of Busan Metropolitan Transport Line D (278 tons) and is a person who has overall responsibility for the safety of crew and the safe operation of a ship.

On February 19, 2017, the Defendant: (a) went to the port of Seopopopo in the Si of Seopopopopopopos, at around 00:28, on board 10 seafarers on the said D for the transfer of fish from the port of Seopospos, and arrived at the port of Seopos, around 23:00 on February 19, 2017, at approximately 40 nautical miles in Seopo-dong, Seopo-dong, Seoposposposposposposponding from Seoposposposposposposposponding to the port of Busan for the transfer of fish from Seoposposposposposposposposposponding to the port of Busan for the transfer of fish from the port of Seopospospospos.

At the time of the entry into force of the wind wave on the sea before Jeju-do, the weather has deteriorated to the extent that it may hinder the safe navigation due to strong wind of not less than 18ms and high wave of not less than 3-4ms on the sea route, and due to the catch higher than that of the ordinary world, the players have been engaged in a voyage in the state of twee (including the state that the players have been frighted towards the players by a stringer than the stern).

In such a case, when the defendant, as a captain, has to resist or navigate as a safe area, such as a nearby port and port, etc. for the safety of crew and the safe operation of a ship, he/she has a duty of care to prevent accidents from spreading, such as: (a) having the direction of wave and wind in advance; and (b) taking measures such as closing the entry door of a fish hold and covering a cover with a cover to prevent the fall by external force; and (c) having the duty of care to prevent accidents.

Nevertheless, the Defendant, on the premise that the accident would not occur, decided to sail without resisting as a safe place such as a nearby port and port, etc. Even though the navigation was decided, he did not open the entrance of the on-board deck storage like usuals, and did not set up two covers of the two fishing windows for the storage of fishing gear on the on-board decks.