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(영문) 창원지방법원 마산지원 2018.10.05 2018고단679

도로교통법위반(음주운전)등

Text

Defendant

A Imprisonment of one year and two months, Defendant B shall be punished by a fine of 7 million won, and Defendant C shall be punished by a fine of 1.5 million won.

Reasons

Punishment of the crime

On June 20, 2013, Defendant A was issued a summary order of KRW 6 million with a fine of KRW 1.5 million by the same court on May 25, 2017, when the same court issued a summary order of KRW 1.5 million for the same crime.

Defendant

A On May 15, 2018, around 20:50, driven E-Poter II truck under the influence of alcohol concentration of about 0.165% without obtaining a driver's license in the section of about 1km from the 1km in front of the Mag-si Mag-si Magpo-si, Changwon-si, Magpo-si, Magpo-si to the front of the Magpo-si Mag-si.

As a result, Defendant A, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving the said cargo without obtaining a driver's license under the influence of alcohol.

Defendant B was sentenced to imprisonment for a violation of the Fisheries Act at the Ulsan District Court on November 29, 2016 and completed its execution on June 6, 2017 at the Ulsan District Court.

1. No person who intends to run any fishery business using a powered fishing vessel with a gross tonnage of at least 10 tons, or a powered fishing vessel with a gross tonnage of less than 10 tons as prescribed by the Presidential Decree because of particular needs for protection of fishery resources and coordination of fisheries shall operate any fishery business for each fishing vessel or fishing gear without obtaining permission from the Minister of Maritime Affairs and Fisheries;

Nevertheless, the Defendant, at around 17:00 on January 29, 2018, run an inshore net fishery by using the above type net gear at the sea of the same time from 18:20 to 18:50 on the same day, after loading a type of net gear to F (1.77 tons) fishing vessel owned by the Defendant, which is a coastal fishing vessel owned by the Defendant without the permission of the Minister of Maritime Affairs and Fisheries, and departing from the port, without the permission of the Minister of Maritime Affairs and Fisheries, and operating an inshore fishery by gathering approximately 5 kmg of a new light using the type net gear at the sea of the same time from 18:20 to 18:50 on the same day.

2. The criminal defendant A and B shall have a gross tonnage of 10 tons.

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