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(영문) 부산지방법원 2012.11.15 2012고정4046
선박안전법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is the crew of the defendant B and the person in charge of ship management, and the defendant B is the corporation that employs the defendant A.

1. The defendant A shall not operate more than the maximum number of persons on board entered in the ship inspection certificate;

Nevertheless, at around 17:00 on April 21, 2012, the Defendant: (a) sailed a barge D (680 tons) engine kidsker, three (435 tons) engine kidsker; (b) sailed from a wharf of Changwon-si, Busan, Cheongdo-dong, Cheongdo-dong, Cheongdo-dong, and operated a ship on board, at around 19:50 on April 21, 201, even though the Defendant was an unmanned ship registered as a ship inspection certificate, which is operated on board the ship (a person who observes the ship) even though he was an unmanned ship registered as a ship inspection certificate.

2. Defendant B, at the time and place specified in the preceding paragraph, committed the same illegal act as the preceding paragraph in relation to Defendant B’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of statutes to a certificate of ship's nationality, a certified copy of the register, and a arrest report of a case;

1. Article 84 (1) 2 and Article 8 (2) of the Ship Safety Act; Defendant B corporation chosen to impose a fine: Article 84 (4) and (1) 2 of the Ship Safety Act; Articles 84 (2) and 8 (2) of the Ship Safety Act; Selection of a fine;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The Defendants were in violation of the laws governing the safety and navigation of vessels, such as the Ship Safety Act, the Ship Personnel Act, the Harbor Act, etc. at least ten times from the last day to the last day of this year, and even before the instant case, even though they were subject to criminal punishment as the same act as the above criminal facts, they could not have been forced due to an emergency.

It is merely based on their economic situation when the act is not an act of crime that is normally difficult to accept.

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