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(영문) 제주지방법원 2017.05.17 2017고정160
선박안전법위반등
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

C is the captain of D Cargo Line E (61 ton) at the Seopopopoposi, and the defendant is the owner of E of the above vessel.

1. No owner of a ship, shipmaster, or ship's personnel who violates the Safety Act shall use a ship for navigation, the validity of which is suspended;

The above E is a ship whose validity of the ship inspection certificate was suspended from July 29, 2017 because it did not undergo a ship interim inspection by July 28, 2016, the expiration date of the ship interim inspection deadline.

Nevertheless, C, at around 08:00 on July 29, 2016, loaded freight cars, etc. from G located in Seopopopopo City F to the above E, transported them to the construction site of I elementary school experience facilities in H, and re-operation to G, etc.

8. Until 16., up to 16., the vessel E used for navigation the vessel inspection certificate, the validity of which has been suspended at least four times in total, such as the list of offenses.

The defendant is the owner of the above E-ship.

Defendant C, an employee of the Defendant at the time and place mentioned above, committed such a violation as above with respect to the Defendant’s business.

2. Any person who intends to use or occupy fishery harbor facilities in violation of fishing villages and fishery harbors shall obtain permission from the fishery harbor management authority;

Nevertheless, the Defendant, without obtaining permission from the managing authority of fishery harbors from January 2014 to July 9, 2016, installed a structure covered with a tent of 56 square meters in size (x 7m in width) on a container with a total area of 56 square meters (8m x 7m m) in the G fishery harbor facilities, and used the said fishery harbor facilities for the purpose of storing the cargo, storing the cargo, and storing the employees.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Reporting on arrest of a person who violates fishing villages and fishery harbors;

1. Ship inspection certificate;

1. An entry and departure report;

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Article 84(2), Article 84(1)5, Article 17(1) (the navigation of a ship, the validity of which is suspended), Article 60(2)3, and Article 38 of the Fishing Villages and Fishery Harbors Act concerning criminal facts.

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