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

[criminal records] On September 21, 2016, the Defendant was sentenced to one year of suspended execution on September 29, 2016 as a result of obstructing the performance of official duties in the Gwangju District Court’s net support and became final and conclusive on September 29, 2016.

[Criminal facts] Defendant is the captain of a composite fishing vessel B (6.44 tons) at coastal sea.

No person, while under the influence of alcohol, shall operate the steering gear of a ship.

Nevertheless, on September 9, 2016, the Defendant: (a) operated the steering gear of the vessel while under the influence of alcohol of about 0.132% of alcohol at the section of approximately 100 meters from the passenger ship terminal in the Southern-si Coast Coastal Sea, Southern-si, South-do, Seoul-do, to the front sea; (b) around September 17:25, 2016, the Defendant resisted the steering gear of the vessel.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of any operator of the main aircraft and a circumstantial report;

1. On-site photographs;

1. Each investigation report (as regards attachment of B vessel documents, etc.), the application of statutes;

1. Relevant Article 104 Subparag. 1 and Article 41(1) of the former Act on the Punishment of Criminal Crimes and the Matters concerning the selection of punishment, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the Defendant committed the instant crime during the trial, and the fact that alcohol content in blood is considerably high, is disadvantageous.

However, in consideration of the favorable circumstances, such as the fact that the defendant acknowledges and reflects the crime, the fact that the defendant should consider the equality in the case of being tried at the same time as the obstruction of the execution of official duties in the judgment that became final and conclusive, the fact that there is no record of punishment heavier than the suspended execution due to the same crime,