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

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

Punishment of the crime

The defendant is the captain of Incheon Shipping Vessel C (155 tons) towing a sand transport barge B.

No one shall transport passengers or cargo exceeding the full draft repair indicated in accordance with the standards determined and publicly announced by the Minister of Oceans and Fisheries.

Nevertheless, at around 00:20 on February 24, 2018, the Defendant loaded sand 2,400 tons from D on the sea near Jung-do located in Jung-do, Incheon, with approximately 10§¯ of the barge B for sand transport and towed to C, and sent it to the tugboat by up to 09:25 on the same day, from around 1.3 Ma (37-29N, 126-35.9E) on the north bank in the Incheon-do, Jung-do, Incheon to the end of 09:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidentiary photographs;

1. A statement of the detection;

1. Copies of documents, etc. of the C and B;

1. Filing an investigation report (in addition to seven photographs taken at the time of detection), a report on an investigation (in the case of verification of loading exceeding the draft of the B), and the application of the Act and subordinate statutes;

1. Article 83 of the relevant Act and Articles 83 subparagraph 9 and 27 (2) of the Ship Safety Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is closely related to the safety of ship operation. While the Defendant committed the same kind of crime and has been punished twice in two times in 2016, the degree of excess loading is not relatively more severe, and the circumstances of excess loading and other conditions of sentencing indicated in the record are comprehensively taken into account.