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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 9, 2010, the Defendant towing the barge E (hereinafter referred to as “instant barge”) which is a barge carrying sand into the captain of the tugboat D (hereinafter referred to as “the instant tugboat”), which is not equipped with power-driven equipment, and when starting from the port side of Jung-gu Incheon, Jung-gu on December 16, 2010 to the port side of the port side of Jung-gu, Jung-gu, Incheon on December 16:30 of the same month, the Defendant was at around 16:30 of the same month in a situation where the navigation cannot be made any longer due to a strong wind and high wave, and at around 0.5 m., the instant barge was anchored at the sea of 0.5 m. on the northwest bank in the Donsan-si, Busan-si, and the instant tugboat was at anchor by combining both the instant barge and the instant barge with two-meter mar.

On the 11th day of the same month, around 01:50 of the same month, the anchor of the instant barge was far away from the hull, and the instant barge and the instant tugboat connected thereto could not anchor properly, the Defendant instructed the victim F (year 64) who was on board the instant barge to anchor a spare anchor.

At the time, the wind was very winded to 2 to 4 meters, but the instant tugboat was in a state of not anchoring and was in a state of leaving the anchor, so the instant tugboat and barge were seriously shaking.

In addition, the instant barge was 15 degrees of water level on the floor and 15 degrees of water level, and it was not installed with safety signs, as well as the victim F did not wear safety lights and life jackets for the prevention of loss.

Therefore, since there was a risk of an accident, such as falling at sea while the victim was operating a preliminary anchor in the instant barge, the Defendant should prepare for rescue immediately when the victim sent the crew on board the instant tugboat to the instant barge, which led to an accident, such as falling at sea.