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(영문) 창원지방법원 통영지원 2016.09.26 2016고정359

수상레저안전법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of "C" in the water leisure business place located in Gyeong-nam City, Gyeong-nam.

No aquatic leisure business operator and his/her employees shall load in excess of the seating capacity of the aquatic leisure craft in order to ensure the safety of aquatic leisure activities.

On June 5, 2016, the Defendant: (a) around 06:00, to receive rent of KRW 110,000 from four people in the water leisure business place located in Tong Young-si B; (b) to lend her mother boat C9 (0.91 ton) with a seating capacity limited to one passenger capacity; and (c) to have him/her embark on the ship at around 11:20 on the same day, around 11:20 on the same day.

As a result, the defendant has been engaged in aquatic leisure business by getting more than three passengers on board the seating capacity of Maz C9.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Request for administrative dispositions and investigation reports (in excess of the prescribed number);

1. Application of statutes on field photographs;

1. Relevant laws and Articles 58 subparagraph 4 and 48 (2) 2 of the Water Leisure Safety Act concerning facts constituting an offense and the selection of fines;

1. Article 70(1) and Article 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;