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(영문) 울산지방법원 2016.08.25 2016고정406
선박안전법위반
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 a person who holds a deputy head in the maritime transportation company C Co., Ltd. in Ulsan-gun B and exercises overall control over the management of tugboat and barge and the number of persons on board operated by that company.

No one shall navigate a ship with persons on board exceeding the maximum number of persons on board stated in a certificate of ship inspection.

A barge D (897 tons, Busan Si's shipment) shall not be used for navigation by a barge leased from the defendant's company to from around 2007 and the maximum number of persons on the ship's inspection certificate is 0 persons on board the ship, and shall not be used for navigation.

Nevertheless, the defendant, on August 31, 2015, loaded the ship with engine equipment at the port of Ulsan-dong Hyundai Heavy Industries wharf, Ulsan-gu, Ulsan-gu, Daejeon-si, and was towed to the tugboat E operated by the same company.

9. 1. Loading and unloading at the wharf of a nuclear power plant operating around 06:00 after landing, and sailing again;

9. 1. 1. Around 17:45 Mail-ri, the Northern-gu, the Northern-si, the Mail-si, the vessel manager(s) was on board the said barge up to the time at which the vessel block loaded at the new port wharf, until at the time when the vessel block loaded at the port.

Accordingly, the defendant uses a ship for navigation exceeding the maximum number of persons on board D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A copy of the ship's document or DNA arrest photograph;

1. A copy of the vessel lease contract;

1. Application of Acts and subordinate statutes of certificate of employment;

1. Article 84 (1) 2 and Article 8 (2) of the relevant Act on the Safety of Ships, etc. against criminal facts;

1. Selection of fines;

1. Article 70(1) and Article 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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