beta
(영문) 제주지방법원 2017.08.25 2017고정398

해사안전법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who goes on board as a captain of an inshore fishing boat B (29 tons, 10 passengers on board) in the inshore fishing vessel.

No person under the influence of alcohol shall operate, or instruct the operation of, the steering gear of a vessel for navigation.

Nevertheless, on February 26, 2017, the Defendant was on board at the port of Seogpo-dong, Seopo-dong, Seopo-si, Seopo-si, Seopo-si, and 1:36 on the same day, operated the steering gear under the above B while under the influence of alcohol of 0.08% in alcohol level to the sea of 500 meters south of Seopo-si, Seopo-si, 11:36 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A circumstantial report or a report on the detection of a person operating mainly under drinking alcohol;

1. Application of Acts and subordinate statutes - 349 [Report on the detection of a person who violates the preceding Act of the Sea Year (main operator)] to the Seocho Coast Guard Center;

1. Article 104 Subparag. 1 and Article 41(1) of the former Act concerning the relevant criminal facts and the matters concerning the selection of punishment, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;