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(영문) 광주지방법원 순천지원 2017.08.10 2017고단691

선박안전법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for two months and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

On February 8, 2017, A was sentenced to 1 year of imprisonment without prison labor and 3 years of suspended execution due to occupational and practical death in the Gwangju District Court's Netcheon Branch on February 8, 2017, and the above judgment was finalized on February 16, 2017.

Defendant

A is the captain of the cargo ship D(40 tons) and the defendant B is the owner of the above cargo and is engaged in the maritime cargo transport business.

1. Joint crimes committed by the Defendants

(a) No person who violates the Ship Safety Act, on November 15, 2016, shall use a ship for navigation in violation of any condition related to navigation stated in a ship inspection certificate, etc.;

On November 15, 2016, around 10:30, at the start of the ship, the Defendants provided that the vehicles shall be loaded with 11.5 tons truck 2 or 19 tons truck in the way of the replacement of the said cargo onto the ship’s inspection certificate at the start of the ship, but at the request of the owner of the said cargo, the Defendants operated 25.5 tons dump truck at the same time with two dump truck at the same time, and operated approximately 3 nautical miless up to the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the 105 tons truck.

Accordingly, the Defendants conspired to use the ship for navigation in violation of the navigation-related conditions stated in the ship inspection certificate, etc.

(b) On December 28, 2016, the owner of a vessel violating the vessel safety Act shall maintain restitution in accordance with the standards determined and publicly notified by the Minister of Oceans and Fisheries.

On December 28, 2016, the Defendants: (a) around 13:10 on December 28, 2016, and (b) according to the Korea Coast Guard’s Track-on Track-on Track-on Track-on Track-on Track-dong, and (c) on December 28, 2016, when the Defendants loaded two trucks of 11.5 tons of truck, the total laden weight should not exceed 43,760km, despite the provision that the total loading weight should not exceed 43,760km; (b) at the request of the shippers, the Defendants operated 0.5 nautical miles at the same time, at the same time, when they loaded two 11 ton of ready-mixed-mixed cargo vehicles, and at the port of receipt, until the port of the breakwater.

In this respect.