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(영문) 광주지방법원 목포지원 2017.07.21 2017고정289
선박안전법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual owner of a wooden ship B (0.77 tons) with a maximum number of four passengers on board.

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.

Nevertheless, around 17:50 on September 19, 2016, the Defendant: (a) around 18:00 on the same day from the water surface of a small-sized vessel located in the north north-dong, Sinpo-si, Sinpo-si; (b) around 18:00 on the same day to the water surface of the small-sized vessel at the near sea; and (c) around 100 meters on the same day, four (five (including the Defendant) including C, and used the above B for navigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C and D (B on board);

1. Reporting on detection of a person who violates the Safety Act of ships (or passengers);

1. Application of Acts and subordinate statutes to photographs, ship inspection certificates (the maximum passenger), photographs, and copies of ship inspection certificates related to sailing exceeding the crew members at the time of detection;

1. Article 84 of the relevant Act and Articles 84 (1) 2 and 8 (2) of the Safety of Ships subject to the Selection of Punishment Act concerning facts constituting an offense;

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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