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(영문) 대구지방법원 포항지원 2014.03.26 2014고정68

선박직원법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of a tugboat “B” (70 tons, sea-going loading, main engine propelling power of 882kw), barge C (747 tons, sea-going loading).

A shipowner shall additionally have one first class mate who is qualified as a sixth mate or higher, in cases where the navigation area of a tugboat combined with a barge, street, etc. is less than 200 gross tons in a coastal area excluding a smooth water area, and the scale of the relevant tugboat is less than 750 kw, and the main engine's promotion power is more than 750 kw.

① On June 25, 2013, at around 11:30, the Defendant: (a) entered port cargo terminals by combining tugboat B and barge C; (b) sailed without having one class of first class mate work on board for approximately 18 hours ( approximately 112 miles) from the time of entry into the port of entry into the port located in Ulsan-gun, Ulsan-gun; (c) around 23:30 on June 26, 2013, the Defendant entered the port of port cargo terminals at around 20:13:20 on June 26, 2013; and (d) around 12 hours and 50 minutes ( approximately 80 ma days) on the 20-day coast of the Changdong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul-gun, without having an additional one mate work on board for approximately 12 hours and 50 minutes (round 80-day) on the 20-day coast of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. A tugboat navigation inspection certificate, a marine cargo transportation certificate, a certificate of ship's nationality, and a certificate of ship's inspection;

1. Application of examination of evidence by a person who violates the Ship Personnel Act;

1. Subparagraph 5 of Article 27 and Article 11 (1) of the Ship Personnel Act concerning facts constituting an offense.

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;