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(영문) 부산지방법원 2014.03.27 2013고정6204
선박안전법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is a person boarding the ship as the captain of Busan P(80 tons) fleet, and the defendant B is a corporation operating marine cargo transportation services with employment of the defendant A.

The shipowner, captain or ship's personnel shall not use a ship for navigation without boarding more than the maximum number of persons on board stated in the ship inspection certificate.

1. At around 10:00 on August 19, 2013, Defendant A: (a) boarded the ship’s inspection certificate to the barge E (190 tons) with the maximum seating capacity of 0 persons on the ship’s inspection certificate, Defendant A left the port to the tugboat after towing the said barge to C; and (b) sailed to the sea front of Taedo-gu Busan, Busan, at around 11:00 on the same day.

2. Defendant B Co., Ltd. committed the act as referred to in paragraph (1) above with respect to the business of Defendant B Co., Ltd., who is an employee of the above Defendant B Co.

Summary of Evidence

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement concerning G;

1. F's certificate;

1. List of seafarers (C), a copy of a certificate of ship's nationality (E), a certificate of ship's inspection (E), a copy of a business registration certificate (B stock company), a copy of a charter party;

1. Application of Acts and subordinate statutes governing field mining inspections;

1. Article 84 (1) 2 and Article 8 (2) of the Ship Safety Act; the defendant Eul corporation entitled to a fine: Articles 84 (2) and (1) 2 and 8 (2) of the Ship Safety Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

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

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