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(영문) 울산지방법원 2014.01.27 2013고정1396

선박안전법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

B. The Defendant Company (hereinafter referred to as the “Defendant Company”) is the owner or borrower of the “C”, “D”, “E”, “F”, “G” and “H” (hereinafter referred to as the “each of the instant vessels) that operate the maritime heavy goods transport business, and Defendant A is the representative director of the Defendant Company.

No shipowner (in cases of lease of a ship, a charterer of a ship) shall use a ship for navigation with persons on board exceeding the maximum number of persons on board stated in a ship inspection certificate.

1. The Defendant, as the representative of the Defendant Company the owner or borrower of each of the instant vessels from around 12:50 on October 2, 2012 to around 13:40 on the same day, operated “C” with the maximum number of persons on board the vessel inspection certificate under the vessel inspection certificate under the vessel inspection certificate in towing “C” to “I,” and used the said “C” for navigation from around 20 to October 2, 2012, as indicated in the attached list of crimes, and used each of the instant vessels with the maximum number of persons on board J (C), K (D), L (E), M (F (F), N (G), and H (H (H) on each of the instant vessels with the maximum number of persons on board the vessel, as indicated in the attached list of crimes.

2. The Defendant Company: (a) as indicated in paragraph (1), boarded a person on board more than the maximum number of persons on board; and (b) used the ship for navigation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement on P;

1. Written Statement;

1. A copy of each ship inspection certificate;

1. Full certificate of the matters to be registered;

1. A copy of the logbook (C, D, E, F, G, and H);

1. Application of Acts and subordinate statutes to a report on investigation and documents attached thereto (Evidence Nos. 15, 16);

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 88, 84 (4) and (1) 2 and 8 (2) of the Ship Safety Act, respectively;

1. Defendant A: Selection of a fine for negligence;

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

1. Defendant A to be detained in a workhouse: Articles 70 and 69(2)1 of the Criminal Act;