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Defendant
A shall be punished by imprisonment without prison labor for six months, and by a fine of three million won, respectively.
Defendant
B The above fine shall be imposed.
Reasons
Punishment of the crime
Defendant
A is one navigationr of the cargo ships D(25,388 tons) belonging to C, and the defendant B is the captain of the E-(9.77 tons) of the combined fishing vessel E (9.7 tons) of the coast of Gyeongbuk-gun.
1. On September 30, 2020, in order to load cargo at the port of the south-gu Port of Pohang-gu (Spo-gu) (Spo-si), Defendant A was on board the above D, a port of destination of which was moved to the Port of Posi (Spo-gu) and was on the voyage after taking over the duty of the officer on duty on duty of navigation around 04:00 on October 1, 2020.
When two power-driven vessels are crossing the course of the other party and the risk of collision exists, the vessel placed on the starboard side shall damage the course of the other vessel. In such cases, the defendant operating the give-way vessel shall not cross the direction of the other vessel, and the defendant has a duty of care to take necessary measures to prevent collision by avoiding sufficient time.
Although the Defendant discovered the E operating in approximately 3 nautical miles of D players on duty using radars (280∑-10km) at the 3nautical miles of D players on duty, the Defendant was negligent in performing her actions to avoid collision with sufficient time to avoid collision, and by failing to take action to avoid collision with the direction of the E immediately preceding the collision, which would cross the direction of the E. On October 1, 2020, around 06:56, around 06:56, around 16:0, 200, at the 16 nautical miles of Ulllle-gun, Ulllle-gun, Ulllle-gun, the 16 nautical miles of the same room, and the part of the E on-board for the hull was destroyed by the damaged part of the E, and the sea water was flowed to the hull, engine stud, etc., and was sunken at around 10:39 on that day.
Accordingly, the Defendant caused three seafarers to bury the existing E by occupational negligence as above.
2. On October 1, 2020, Defendant B, at around 06:00, was on navigation at approximately 24 nautical miles in Ulleung-gun, Ulleung-gun, Ulleung-gun, and was on navigation at 280 degrees and speed 10 knotss to enter the port of Ulleung-dong.