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(영문) 창원지방법원 2017.05.19 2017고단762
선박안전법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transport cargo exceeding the full draft repair.

Nevertheless, the Defendant, as the captain of the tugboat B (94 tons), loaded the barge C (1,282 tons) from the ridge on December 9, 2016 at around 17:00 at the ridge station at around 17:0 on December 9, 2016, in excess of approximately 43 cm each on the left and right side of the said barge, and sailed from the port by towing the said barge B, and then sailed by the above method until 0.2 e., south-dong, Dogdo, which is located in the Godo-dong, Gowon-dong, Changwon-si, 17:45 on the same day after departure from the port.

As a result, the Defendant transported cargo exceeding the full draft repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions concerning facts constituting an offense and Articles 83 subparagraph 9 and 27 (2) of the Act on the Safety of Ships subject to the Selection of Punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The former sentence of Article 62-2 of the Social Service and Criminal Act (in the event that the sentencing criteria are not set): Imprisonment with prison labor for one year or a stay of execution; two years of imprisonment for community service and a sentence of imprisonment for 120 hours: six months or a stay of execution; two years of social service and reasons for social service and an increase of 80 hours: Confession of confession and the status of an employee, etc.;

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