Defendant shall be punished by imprisonment without prison labor for ten months.

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.

Punishment of the crime

The defendant is the captain of the fleet B of 344 tons of the Incheon City's shipment.

On April 3, 2016, around 12:30 on April 12:3, 2016, the Defendant was towing the above B to B, Incheon City, Incheon, 3,449 tons of sand C, and the digging industry, at around 16:52 on the same day, arrived at the sea near the workplace, and then changed by reducing the speed of the towing boat to anchor the sand on the sea and operating the steering gear.

In such cases, the Defendant, who is the person in charge of safety management of crew of the ship, such as the crew, has a strong strength in the towing of the towing part of the tugboat connected by the tugboat B and sand barge, and thus, there was a duty of care to prevent seafarers from approaching the nearby areas due to the performance of dangerous work prior to the alteration, and to prevent seafarers from approaching the vessel through the surveillance camera installed in the steering house, etc.

Nevertheless, the Defendant neglected this and neglected the crew control and surveillance, which caused a strong string during the process of changing the tugboat into the port by negligence in the course of business, and was cleaning water on the B-S deck.

B 기관 사인 피해자 D(63 세) 이 있는 방향으로 튕겨 져 피해자의 왼쪽 안면부 등을 때려 같은 날 19:22 경 인천 남구 독배로 503 의료법인 담 우의료재단 현대 유비 스병 원 응급실에서 피해자를 다발성 경추 골절 등으로 사망에 이르게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant reflects himself and recognizes the crime, and that the defendant is sentenced to imprisonment without prison labor.