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(영문) 부산지방법원 2011.1.14.선고 2010고정4411 판결
선박안전법위반
Cases

2010 Fixed4411 Violation of the Ship Safety Act

Defendant

1. Ansan (62 years old, souther);

2. Trade Union1 (67 years old, South Korea)

3. Gambling A2 (60 years old, south).

Prosecutor

Park Ho-su

Defense Counsel

Attorney Park Im-soo (for the defendant)

Imposition of Judgment

January 14, 2011

Text

Defendant A shall be punished by a fine of KRW 3,000,00, and KRW 1,000,000, and KRW 1,000,00, respectively.

If the defendants fail to pay each of the above fines, the defendants shall be confined in the old house for the period calculated by converting each of 60,000 won into one day: Provided, That the fractional amount shall be one day.

To order the Defendants to pay an amount equivalent to the above fines.

Reasons

Criminal facts

피고인 안A는 ☆ 주식회사의 대표이사, 피고인 노A1은 위 회사의 선박안전관리 책임자, 피고인 박A2는 위 회사에서 부산-후쿠오카를 왕복하는 여객선 의 선장이고, 위 는 선박검사증서 상 최소운항조건이 파고 3m 이하, 풍속 초속 18m 이하, 시계 1,000m 이상으로 제한되어 있다.

On March 1, 2010, at around 15:15, the Defendants conspired to operate the said ship in violation of the conditions related to the navigation entered in the ship inspection certificate, when 205 passengers and 7 crew on board the said ship departing from the port, and when the hemp is at least 3 meters near the nearby sea on the same day, the Defendants used the said ship for navigation in violation of the conditions related to the navigation entered in the ship inspection certificate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness C;

1. The suspect interrogation protocol of the Defendant Ansan by the prosecution;

1. Each police suspect interrogation protocol of the defendant No.A1 and Park 2;

1. Each police statement against leapC1 and Kim C2;

1. Police Transfer Site (Business Instructions and Report on Occurrence), List of Crews and Passenger List;

1. A reply to an investigation report (weather analysis on the date of an accident - The Korea Meteorological Administration shall make a special weather report) and a request for weather information

Application of Statutes

1. Article applicable to criminal facts;

Articles 84(1)6 and 17(2) of the Ship Safety Act; Article 30 of the Criminal Act (Selection of Fines)

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges

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