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(영문) 창원지방법원 마산지원 2017.05.12 2017고정43
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 working as a shipmaster of Busan Shipping B (ship number C, 96.31 ton).

1. No Korean vessel that violates the Ship Act shall fly the national flag of the Republic of Korea or navigate the national flag without keeping the ship's nationality certificate or temporary ship's nationality certificate in the ship;

Nevertheless, around 11:45 on July 23, 2016, the Defendant navigated the above B without keeping the vessel's nationality certificate or temporary vessel nationality certificate on the sea of 0.8 Mae-dong, Chungcheongnam-dong, Black-si, Masan-si, Masan-si, Changwon-si, Masan-si on the same day, 14:40 on July 23, 2016.

2. No person shall use a ship for navigation, the validity of which is suspended, such as a ship inspection certificate, etc. without any ship inspection certificate, etc.;

Nevertheless, for the purpose of not operating the ship from September 21, 2015 to September 20, 2016, the Defendant submitted a mooring system returning the ship inspection certificate to the Minister of Maritime Affairs and Fisheries, and used the ship inspection certificate as set forth in Section 1, which is a ship, the validity of which is suspended, as described in Section 1(a), and used the ship inspection certificate for navigation 16 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. To apply Acts and subordinate statutes to persons who have committed the violation, to arrest them and photographs;

1. Article 33 and Article 10 of the Ship Act, Article 84 (1) 5 and Article 17 (1) of the Ship Safety Act, the selection of fines for criminal facts, and the selection of fines for negligence;

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

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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