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(영문) 인천지방법원 2013.10.10 2013고정2301
선박안전법위반
Text

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

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

Reasons

Punishment of the crime

No defendant shall use a ship for navigation exceeding the navigation area entered in the ship inspection certificate as the captain of Incheon Loading Vessel C (60.26 tons).

Nevertheless, at around 16:30 on July 10, 2012, the Defendant loaded freight (construction material) to a barge D (648 tons), the navigation area of which is located at the port port south-dong, Jung-gu, Incheon, Jung-gu, Incheon, and loaded waste materials to a tugboat C; on the 12th of the same month, at around 05:00 on the same day, at around 17:00 on the same day, the Defendant sailed to a part of the sea area beyond the navigation area of the barge D by the time of entry into the navigation area at the port port of Jung-gu, Incheon at around 17:00 on July 13, 2012; on the 14:00 on the 17:0 of the same month, the Defendant deposited a barge with waste materials to a tugboat C, and on the 14:00 on the 17:0 of the same month, the Defendant went to the port area outside the port port port of Incheon, the port area outside the port port port area of the Southern.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement to E by the police;

1. C, D's navigational chart;

1. Application of Acts and subordinate statutes to the scope of the horizontal water area;

1. Article 84 (1) 1 of the Ship Safety Act and Article 84 (2) of the same Act concerning facts constituting an offense and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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;

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