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(영문) 부산지방법원 2020.07.23 2020고단1085

선박안전법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the captain of the Busan fleet B (94 tons).

No person shall use a ship for navigation with persons on board exceeding the maximum number of persons on board entered in a ship inspection certificate.

Nevertheless, around 15:40 on January 9, 2020, the Defendant loaded about 1,00 tons of earth and sand on the barge (fix 35-05.11N 1.68E, 129-05.68E) around 16:00 on the same day from the south-gu dong registry of Busan to the sea of the breakwater (Fix 35-05.1N 1.68E), and used the barge for navigation by more than the maximum number of persons on board.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 84 (1) 2 of the Ship Safety Act and Articles 84 (2) of the same Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the crime is repeated for the same reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is inferior, but the number of excessive persons and the circumstances leading to this case shall be determined in consideration of the order;