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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a person boarding as captain B (199 tons, Incheon Loading, and tugboat).
No person shall transport cargo exceeding the full load line on the ship inspection certificate.
Nevertheless, the Defendant, at around 16:20 on February 22, 2019, has the same year from the sea near the old port located in Chungcheongnam-si, Chungcheongnam-do.
2. At around 04:20, at around 04:20 Jeju, he loaded approximately 3,000 square meters of sand from construction works, which are cargo, and operated a barge with approximately 150 meters of the load line specified on the ship inspection certificate (1,018m from the upstream on deck to the lower bank) as tugboat B.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (examination of violations exceeding the load draft line of the towed ship);
1. Application of photographs identifying persons who violate the Ship Safety Act and C ship inspection certificates;
1. Article 83 subparagraph 9 of the Ship Safety Act and Article 27 (2) of the same Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [limited to the reasonable circumstances] show the attitude of the defendant to recognize and reflect the instant crime.
After control, the Defendant seems to have accepted the part of the reason for the instant crime, which was one of the reason for the instant crime.
[Unfavorable Circumstances] The instant crime is closely related to the safety of ship operation, and the Defendant re-offendered despite the record of punishment for the same kind of crime.
In addition, the defendant's age and working environment, the load draft line excess, the result of the motive of the crime, the circumstances after the crime, etc., and the sentencing conditions shown in the present arguments and records shall be determined as ordered by considering all the following factors.