However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On December 9, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Maritime Safety Act in the wooden branch of the Gwangju District Court.

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

Nevertheless, at around 15:30 on July 26, 2020, the Defendant operated the steering gear of a coastal net fishing vessel B (7.31 ton) with a blood alcohol content of about 10 nautical miles from the 19:00 on the same day to the adjacent sea, in the range of approximately 0.181% from the 10 nautical miles-gun, Jeonnam-gun, Jeonnam-gun, the 19:0 on the same day.

Accordingly, the defendant operated the steering gear of the ship under the influence of alcohol at least twice in violation of Article 41(1) of the Maritime Safety Act.

Summary of Evidence

1. Certificates of shipment attached to the suspect examination report prepared by the police on detection of the chief operator of the defendant's legal statement (31 pages of evidence records);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and summary orders;

1. Articles 104-2 (2) and 41 (1) of the Maritime Safety Act in relation to the relevant provisions concerning facts constituting an offense and the selection of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of applicable sentencing under the law on the grounds of sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for a period of two to five years: The Defendant’s blood alcohol concentration is considerably high at the time of the instant crime, and the distance of navigation and the duration of navigation are considerably low is disadvantageous.

On the other hand, the fact that the defendant has no criminal record exceeding the fine, and that the defendant has divided his/her fault, etc. shall be considered as favorable circumstances.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive and means of crime, results, circumstances after crime, etc., and all of the sentencing conditions indicated in the instant records and arguments.