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Defendant
A A shall be punished by imprisonment without prison labor for a year and six months, and Defendant B shall be punished by imprisonment without prison labor for a period of eight months.
(2) the date of this judgment.
Reasons
Punishment of the crime
To the extent that there is no concern about substantial disadvantage to the Defendants’ exercise of their defense rights, the facts charged are rhyd without any changes in the indictment.
Defendant
A The captain of E (E, 1,928 tons), the defendant B, the crew of the above ship, and the person who departs from the public port of Incheon on August 20, 2015, around 15:54 on August 20, 2015 and was engaged in navigation duty and was organized as navigation duty Ban from 20:00 to 24:00 on the same day and engaged in navigation duty.
around 22:10 on August 20, 2015, Defendants were proceeding in the direction of Chinese Cheongdo, a destination, at the speed of 245 degrees and approximately 11.8 Emarts near the Incheon Cheongjin-gun.
At night and its location is a route where ordinary fishing vessels and merchant vessels frequently navigate, as well as the fishing vessels actually were in operation in the near. In such a case, Defendant A, the officer on duty, who is the officer on duty, has a duty of care to continuously observe the trends of the surrounding vessels while continuing to stop on the front door and the radar, maintain a safe distance with the surrounding vessels, and, if necessary, inform the other vessels of dangerous circumstances by means of light or sounding a whistle, etc., and to safely navigate the collision with the other vessels. Defendant B had a duty of care to continuously observe the trends of the surrounding vessels while continuing to observe the front door and the left door, and to report and advise them to the officer on duty.
Nevertheless, the Defendants neglected to perform the duty of air-way and radars at the speed of about 245 degrees and about 11.8 degrees, and Defendant A did not take prior measures to inform the Defendants of the dangerous situation by means of light, whistle, etc. despite the fact that the distance between the vessel operated by the Korean fishing vessel F (23 tons) operating at a speed of 7 knots, which is the damaged vessel, is at a speed of 7 knots. Defendant B neglected to perform the duty of air-way and frighting on the movement of neighboring vessels.