However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The defendant is a captain of D (1,612 tons) with a full draft repair marked.

No one shall transport cargo exceeding the her draft repair marked on a ship.

1. On August 8, 2015, the Defendant: (a) loaded sand on August 8, 2015, and transported it to ensure that the 67cm repair exceeds 67§¯ inasmuch as the Defendant, around August 8, 2015, around 07:37, north latitude 36.027 and east 124.41, East longitude 124.41.

2. On September 1, 2015, the Defendant: (a) loaded sand on September 1, 2015 to ensure that the 37cm breadth of the said D exceeds 37cm in light of the fact that around 10:30 on September 1, 2015, around 36.47 north latitude and 126.41 East longitude, and transported the sand.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the detection;

1. To arrest a person who violates the vessel safety Act and arrest such person (overbound operation);

1. D Evidentiary photographs;

1. Application of Acts and subordinate statutes to ship inspection certificates, ship nationality certificates;

1. Relevant legal provisions and the choice of punishment for a crime: Article 83 subparagraph 9 of the Safety of Ships Act, Article 27 (2) of the Safety of Ships Act, the selection of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act as stated below) shall be determined as ordered by considering all of the following circumstances.

The favorable circumstances: The defendant recognized the facts of the crime and re-designed the cargo hold of the ship, and when the facts of the violation such as this case occur, the act of this case is likely to cause danger and injury, such as human damage on the sea, and thus, it is highly necessary to strictize for the purpose of improving the awareness of safe operation of the ship. The defendant, despite having been punished several times of fines for the same kind of crime, has reached the case in this case without light: The sand in the Yellow Sea at the time of sand gathering and transport is likely to cause a result exceeding the draft repair, because it is not well possible to do so.