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(영문) 전주지방법원 군산지원 2016.09.28 2016고정96
선박안전법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner and captain of C (21 ton) who is a towing ship of military childbirth.

1. No person shall use a ship for navigation without a ship inspection certificate, etc. or with a ship inspection certificate, etc. the validity of which is suspended;

On January 4, 2015, the ship inspection certificate was suspended on January 4, 2015 without undergoing an interim inspection.

Nevertheless, on January 21, 2015, around 16:45, the Defendant used the pertinent vessel, the vessel of which validity of the vessel inspection certificate has been suspended on six occasions from that time until April 18, 2015, as indicated in the list of offenses, from around 03:05.

2. Any person who intends to operate a vessel leasing business shall register with the Minister of Oceans and Fisheries as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, the Defendant, without registering the vessel leasing business, leased the vessel by receiving a total of KRW 10,120,000 from (ju) Domination D over two occasions on October 28, 2014 and around March 19:35, 2015.

3. Where ships in violation of the Act on the Public Order in Open Ports intend to depart from the boundaries of open ports, they shall file a report with the Minister of Oceans and Fisheries before departing from such port;

Nevertheless, around 13:00 on November 7, 2014, the Defendant: (a) set sailed the above vessel, which is a vessel within the port inside the port inside the Gunmsan-si, Simsan-si; and (b) failed to report departure from the port to the new harbor construction site (No. 4 section) of the Simsan-si, Gunmsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Details of the ship inspection certificate, the certificate of marine cargo transportation business, the certificate of ship's nationality, the details of ship's entry into and departure from ports, C entry into ports, the ship inspection certificate, the registration notice of ship leasing business, and the application of statutes;

1. Article 84(1)5 and Article 17 of the Vessel Safety Act concerning criminal facts

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