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(영문) 광주지방법원 장흥지원 2017.08.08 2017고합8
특정범죄가중처벌등에관한법률위반(선박교통사고도주)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the captain of fishing C(2.5 tons).

On January 10, 2017, the Defendant discovered a large number of diving fishing vessels with anchored in the front bank while sailing at the speed of approximately approximately 23 knotss at the 0.2 Ethmt at the northdo 0.2 Ethmt, Seogu-gu, Chungcheongnam-do.

In such cases, a person engaged in the vessel operation has a duty of care to carefully examine the details of the vessel's work, and to safely navigate the vessel at a distance away from the vessel under diving, while operating the vessel with proper transformation and speed, and to prevent the occurrence of an accident in advance.

Nevertheless, the Defendant neglected this and caused the victim to escape from the water surface due to the negligence of navigation close to approximately 30 meters near the diving fishing vessel D(7.93 tons) to reduce navigation distance, in order to reduce navigation distance, at the sea of approximately 0.2 e., the 16:00 North Daegu-do, the northwest-do, and around 0.2.0 on the same day, when he neglected to perform it, the Defendant neglected to perform the duty of care and neglected to perform the duty of care, and caused the victim to escape from the water surface.

Ultimately, even though the Defendant suffered injury to the victim, such as low sanction, which requires medical treatment for about four weeks due to occupational negligence above, the Defendant escaped without taking necessary relief measures, such as saving the damaged person or reporting it to the Korea Coast Guard, thereby confirming damage situations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. An investigation report (not less than five nautical miles distance A), and the degree of accident situation (75 pages of the investigation records);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 5-12 subparagraph 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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