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(영문) 대구지방법원 포항지원 2016.06.01 2016고정148
선박안전법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant shall be the captain of the ship, such as the gathering and transportation of sand from Busan, or the towing of pressure vessels C (420 tons).

No one shall transport passengers or cargo exceeding the full draft repair indicated in accordance with the standards determined and publicly announced by the Minister of Oceans and Fisheries.

Nevertheless, at around 11:35 December 25, 2015, the Defendant loaded sand on the sea (36-04N, 125-41E) of a mining area (36-4N, 125-41E) at Category D (4,874 tons, Busan loading, and pressure port barge) and loaded sand exceeding 3,600 cm (40 cm) from 560 cm for 560cm for her draft repair and connected C with D, and transported cargo in excess of 40 cm from her draft repair to her port of air route until the port of air route of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. D or C arrest photographs;

1. Application of ship documents, such as ship nationality certificates, and Acts and subordinate statutes governing navigational routes;

1. Article 83 of the relevant Act and Articles 83 subparagraph 9 and 27 (2) of the Ship Safety Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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