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(영문) 대구지방법원 포항지원 2016.06.01 2016고정145

선박안전법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of the ship in Busan, such as the gathering and transportation of sand from Busan, or other vessels of pressure C (420 tons).

No one shall transport passengers or cargo exceeding the full draft repair indicated in accordance with the standards determined and publicly announced by the Minister of Oceans and Fisheries.

Nevertheless, the Defendant loaded approximately 4,874 tons of sand on the sea (FIX 34-10N, 128-20E) of the Southern Sea Area 4E on January 26, 2016 (FIX 34-10N, 128-20E) and transported the cargo exceeding 80 cm on the port of 560cm (in cubic metres) from the 560cc repair to the port of 560cm, loaded the cargo exceeding 40 cm on the port of east, and connected C with D, in direct steering, D, leading them at the above time and beginning at the port of 30:50 on the 30th of the same month, and transported the cargo exceeding 80 cm, 40 cm, and 40 cm on the port of Songdo at the port of Songdo.

Summary of Evidence

1. Statement by the defendant in court;

1. D or C arrest photographs;

1. Application of ship documents, such as ship nationality certificates, and Acts and subordinate statutes governing navigational routes;

1. Article 83 of the relevant Act and Articles 83 subparagraph 9 and 27 (2) of the Ship Safety Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 and 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;