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(영문) 인천지방법원 2014.02.18 2013고정4034

선박안전법위반

Text

Defendants shall be punished by a fine of one million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is the master of Busan P(163t) fleet C(163t) and the defendant B is the employee of the defendant.

1. No person shall transport cargo exceeding the load draft line of a ship marked according to the standards prescribed and publicly notified by the Minister of Oceans and Fisheries;

Nevertheless, at around 22:00 on August 22, 2013, Defendant A loaded and departed from the ship line (fix37-21-500 N, 126-31-90E) the load line (803m from the upstream on deck) stated on the ship inspection certificate of D, which is the barge C, on the arrival line of the Cheongjin-gun Incheon Spo-gun, and operated approximately 20 miles (Fix37-21-500 N, 126-31-90E) on the 26th of the same month by around 08:30 on the 26th of the same month.

2. Defendant B, Defendant B, an employee of the Defendant, committed the above violation in relation to the Defendant B’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to documentary evidence photographs and ship inspection certificates (D);

1. Article 84 (1) 9 and Article 27 (2) of the Ship Safety Act (elective Selection of Fines): Defendant B, a corporation of Articles 84 (2) and 84 (1) 9 and 27 (2) of the Ship Safety Act;

1. Defendant A who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;