A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Defendant

A is the captain of the coastwise Coast Guarded Fishing Vessel C (9.77 tons) and the defendant B is the owner of the above fishing vessel.

1. No person who is under the influence of alcohol shall operate the steering gear of a ship for navigation;

Nevertheless, the Defendant, from around 12:53 on September 19, 2019 to 13:31 on the same day, operated C with blood alcohol concentration of 0.178% under the influence of alcohol level from the non-faceh of the Shinan-gun, Shinan-gun to the deep sea level of 0.178%.

2. Defendant B, who is an employee of the Defendant, committed an act identical to that described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Written statements of D;

1. The application of Acts and subordinate statutes to persons operating a drinking vessel, reports on detection of drinking operators, measurement values of a drinking measuring instrument, and examination of documentary evidence;

1. Article 104 subparagraph 1 of Article 104 of the Maritime Safety Act and Article 41 (1) (Options of Imprisonment): Defendant B: Articles 109, 104 subparagraph 1 of Article 104 and Article 41 (1) of the Maritime Safety Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds that Defendant A was sentenced to a violation of the Maritime Safety Act at the Yanpoon branch of the Gwangju District Court, a summary order of KRW 1.5 million on August 2017, and a probation order of KRW 1.5 million on April 12, 2019.

The crime of this case is inevitable to punish a person who repeats the same offense during the period of suspension of execution.