If the defendant does not pay the above fine, 100,000 won shall be one day.

The defendant is the actual owner and the captain of wing net fishing vessel B (1.46 tons, the shipment of a new ground to the west-gun) who are engaged in fisheries.

1. No person who violates the Maritime Safety Act shall operate, or instruct the operation of, the steering gear of a ship under the influence of alcohol;

Nevertheless, around 20:28 on April 28, 2019, the Defendant: (a) boarded and set sailed on B at the seat of the Hadok-gun, Hado-gun, Nando-gun, with a blood alcohol concentration of at least 0.067%, from around 23:24 on the same day to the 0.2 nautical miles southdo-gun, Nando-gun, Hado-gun, with a alcohol concentration of at least 0.067%, operated the steering gear of the above B while under the influence of alcohol.

2. No person who violates the Fishing Vessels Act shall use a fishing vessel for navigation or fishing, in violation of the mark of load line entered in a fishing vessel inspection certificate;

Although the certificate of fishing vessel inspection in B states that “any condition related to navigation” is “to exempt the installation of radars and to prohibit navigation at night (from sunset 30 minutes before sunrise)”, the Defendant operated B as described in paragraph (1) from around 20:28 on April 28, 2018 to 23:24 on the same day after sunset (round 19:15).

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A circumstantial report and a report on the detection of a host operator;

1. Loading certificate and fishing vessel inspection certificate;

1. B Port data;

1. A copy of output verifying the time of sunrise or sunset;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Relevant provisions of the Maritime Safety Act concerning criminal facts and Articles 107-2-3, 41 (1) (in the case of operating the steering gear of a vessel in the state of being taken), 44 (1) and 7-2, and 27 (1) 1 of the Fishing Vessels Act (in the case of operating the fishing vessel in violation of the conditions entered in the inspection certificate of the fishing vessel, selection of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;