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(영문) 수원지방법원 평택지원 2013.11.14 2013고정714
선박안전법위반
Text

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The Defendant is the owner of a sand B (2,544 tons) and a tugboat C (256 tons) for sand transport (2,54 tons) and D is the Defendant’s employee, who is the captain of the above vessel. Although D is not allowed to transport passengers or cargo exceeding the load load line indicated in accordance with the standards prescribed and publicly notified by the Minister of Oceans and Fisheries, D loaded sea sand exceeding approximately approximately 21 cm on April 26, 2013 in the above B (2,54 tons) within 44 mining areas, which are located within the area permitted to extract aggregate located within Ansan-si, Ansan-si, Incheon, for the same day, around 23:40 on the same day, by towing and transporting around 20 0.5 mam in the above tugboat, the Defendant committed the above violation as to the Defendant’s duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Each ship inspection certificate, all registered certificate, and business registration certificate;

1. Application of the Acts and subordinate statutes on navigation photographs;

1. Article 84 (2) and (1) 9 of the Ship Safety Act and Article 27 (2) of the relevant Act on criminal facts;

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

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