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(영문) 광주지방법원 해남지원 2013.11.20 2013고정84
선박안전법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 1,000,000.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is the captain of P(306 tons) passenger ships D(306 tons) of a complete Eup, and Defendant B agricultural cooperative is the owner of the ship as a corporation employing Defendant A.

No shipowner, shipmaster, or ship's personnel shall use a ship for navigation without boarding the person on board exceeding the maximum number of persons on board stated in a ship inspection certificate.

D The maximum number of passengers on board under the ship inspection certificate is 410 persons.

Nevertheless, at around 16:15 on April 21, 2013, Defendant A, at the port of the Do Office of the liquidation of the Do Office of the Do and at around 17:05 on the same day, had 50 passengers on board the ship exceeding 410 passengers on the ship’s inspection certificate, with the number of passengers on board exceeding 410 on the ship’s maximum number of passengers on board.

Defendant

B Agricultural Cooperative Co., Ltd. committed the above acts in relation to the defendant's duties.

Summary of Evidence

1. The legal statement of the defendant A (as of the third trial date);

1. Each legal statement of witness E and F;

1. The police statement of B agricultural cooperatives (Attorneys G);

1. Investigation report (Attachment of video data);

1. A copy of a temporary modification certificate (D);

1. The logbook;

1. Application of Acts and subordinate statutes on the table of accounts;

1. Relevant legal provisions and the defendant A who has the choice of punishment for the crime: Articles 84 (1) 2 and 88 (2) of the Ship Safety Act (elective of fines): the defendant B agricultural cooperatives: Articles 84 (2) and (1) 2 and 8 (2) of the Ship Safety Act (elective of fines);

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

1. Defendants of the provisional payment order: Determination on Defendant B’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the owner of the above ship has fulfilled due care and supervision to prevent excessive passengers on board as the owner of the above ship.

2. (1) Article 84(2) of the Ship Safety Act shall be punished by a fine as provided in the same paragraph, in addition to the punishment of the captain, if the captain commits an offense in connection with the shipowner’s business.

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