Text
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the captain of the fleet B (46 tons, two crew members on board) of Incheon City loading, who is engaged in navigation duties.
On October 15, 2017, the Defendant: (a) sailed nearby the D Construction Site of Newanan-gun, Nanananan-gun, Nananan-gun, D on October 17, 2017 while departing from the port of Busan to Incheon and sailing to Incheon.
At this point, there was a sea route sign for maritime traffic safety at the construction site of a school angle. In such case, the person engaged in the navigation of a ship has a duty of care to check the location and the flow of the lights through the navigational chart, etc., check the actual location of the lights by using navigation equipment such as radars, etc., and to check whether there is a light tag in the front section, and to check the safety distance and speed of the navigation in order to prevent damage to the sea route mark, such as making a thorough examination as to whether there is a light on the front section.
Nevertheless, the Defendant neglected this and failed to thoroughly observe the navigational equipment, such as radars, etc., without maintaining a safe distance and speed, and by neglecting the navigational navigation along the sea route to close close to the side of the sea route, and caused the Defendant’s failure to maintain the “E,” a private sea route sign installed with the permission of the Korea Coastal and Port Authority at the sea.
Ultimately, the Defendant caused damage to KRW 42,053,00 to repair the signs of a private sea route due to the above occupational negligence, thereby hindering the traffic of vessels passing through the sea.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of a report on damage and a detailed statement of damage under statutes;
1. Relevant Article of the Criminal Act and Articles 189 (2) and 186 of the Criminal Act concerning the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;