Text
Defendant
A shall be punished by imprisonment for six months and by a fine for 1,00,000 won and by a fine for 1,00,000 won, respectively.
Reasons
Punishment of the crime
Defendant
A is the master of the general cargo ship D(991 tons) owned by Busan Ship B, who is in charge of the operation of the cargo ship.
Defendant
B A corporation is the owner of D for the purpose of domestic and overseas shipping business.
1. On February 11, 2013, the Defendant: (a) entered the Macheon-si Sacheon-si Sacheon-si Sacheon-si Sacheon-si (hereinafter “Sacheon-si”), without having the crew holding the 5th class mate of the 1,800 tons of the 1,80 tons of the 1,00 tons of the 1,80 tons of the 1,00 tons of the 1,80 tons of the 1,80 tons of the 1,00 tons of the 22:40 of the same day; (b) was under the influence of alcohol at around 0.119% of the 22:40 of the same day, the Defendant was operating the steering gear of the 1,000 tons of the 1,000 tons of the 1,000 tons of the 12.0:07 of Feb. 12, 2013 without permission crossing the sea route designated and
2. Defendant B Co., Ltd. operated the above ship without having the first class mate serving on board in compliance with the Defendant’s work standards, such as Paragraph (1), at the same time and place as Paragraph (1). The Defendant operated a service route other than the service route designated and publicly notified within the boundaries of an open port.
Summary of Evidence
1. Defendant A’s legal statement
1. The suspect interrogation protocol of the defendant A by the police;
1. Each police statement of the E, F, and G;
1. Each statement of H, I, J, and K;
1. A report on detection of the operator of a host vessel;
1. A report on the occurrence of the collision vessel and a report on the arrest of the vessel operator;
1. Copies of licenses for marine officers, navigational islands, and waters adjacent to accident sea areas;
1. Photographs (ship collision scene, etc.);
1. Application of Acts and subordinate statutes to investigation reports (information obtained in the course of navigation and recording of correspondence, etc.);
1. Defendant A of the pertinent law on criminal facts: Articles 105 subparag. 1 and 41(1) of the Maritime Safety Act: Subparagraph 1 of Article 45 and the main sentence of Article 11(1) of the Public Order in Open Ports Act: Article 27 subparag. 5 and Article 11(1) B of the Ship Personnel Act: Articles 47, 45 subparag. 1 and 11(1) of the Public Order in Open Ports Act.