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(영문) 인천지방법원 2014.02.10 2013고정4643
선박안전법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A shall not transport passengers or cargo exceeding the load load line marked on a ship according to the standards prescribed and publicly notified by the Minister of Oceans and Fisheries, as the captain of a tugboat B (in Incheon, 116 tons).

Nevertheless, at around 13:00 on October 12, 2013, the Defendant was found to have been loaded with sea sand exceeding approximately 200 meters of the loadline (72m from the upper on deck) on the ship inspection certificate of C (1,143m from the 37-18.5N, 125-59.50 E) on the 6-day sea (37-18.5N, 125-59.50 E) from the northwest-do of the Mapo-gu Incheon po-gun-gun, Incheon, the Defendant was found to have been using the sea sand on board B in the course of navigation.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A statement of detection;

1. Application of Acts and subordinate statutes on documentary evidence;

1. Article 84 (1) 9 of the Ship Safety Act and Articles 27 (2) of the same Act concerning facts constituting an offense and the choice of punishment;

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

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

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