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(영문) 전주지방법원 군산지원 2016.01.11 2015고정490
선박안전법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. No person who defendant A shall use a ship for navigation without a ship inspection certificate, etc. or with a ship inspection certificate, etc. of which validity has been suspended;

Notwithstanding the fact that the vessel inspection certificate was invalid since March 13, 2015 because the Defendant did not undergo a Class 1 interim inspection by C, the ownership of the Defendant around September 25, 2014, the Defendant used the vessel for navigation for four hours at the sea near the port in Gyeongsan, Gyeongsan, and the same year.

5. The ship used for navigation between 12:00 and 12:00,00, which is the next day, on the sea near the Yansan-si in the front Gun of North Korea, in the vicinity of the Yan-si, Yan-si, and the same year;

5. 21. 12:00 Military vessels used for navigation of six hours at sea near a mountain port in the Gun and the same year;

5. On 12:00, the ship was used for navigation at sea near the Gunsan Port.

2. Defendant A, the representative of Defendant B, committed a violation as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Class I interim inspection report (27 pages of investigation records);

1. Application of the Act and subordinate statutes to confirm the entry into and departure from ships (35 pages of investigation records);

1. The Defendants of the pertinent legal provisions and the choice of punishment for criminal facts: The limited liability company B of the Defendant of Article 84(1)5 and Article 17(1) of the Ship Safety Act (elective of fines): Article 84(4) of the Ship Safety Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. The sentence of Article 334(1) of the Criminal Procedure Act shall be partially reduced by a fine, taking into account the developments leading up to the voyage (for trial operation of a ship and inspection of engines) and the fact that there is no same electric power.

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