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(영문) 창원지방법원 2019.01.10 2018고단3011

해사안전법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No defendant shall act as captain of the ship B (2.6 tons) at the time of Jin Sea reported for operating the fishing vessel business, and no person under the influence of alcohol shall operate or instruct the operation of the steering gear of the ship for navigation.

On October 17, 2018, at around 06:00, the Defendant: (a) sailed from the above B, which the Defendant is operating at the name line of the Seocho-gu, Changwon-si; (b) opened four fishing passengers on board the port; and (c) divided the above passengers into two soldiers in the sea near the same Gu with the above passengers on the sea in the same Gu at around 09:00 on the same day; (d) opened a distance of approximately 4.3 nautical miless by operating the steering gear of the above B, while under the influence of alcohol concentration of about 0.137% from the same day to the same port of the same day at around 11:30 on the 10.30th day after the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. The circumstantial report;

1. A copy of the report on detection and a record for measuring drinking;

1. Certificates of report on fishing vessel business;

1. Application of Acts and subordinate statutes governing examination of evidence in each field;

1. Article 104 subparagraph 1 of Article 104 and Article 41 (1) of the Maritime Safety Act concerning the relevant provisions concerning facts constituting an offense and the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant does not have any previous conviction, the confessions and reflects errors, and the fact that there is no criminal record heavier than the fine for the crimes of this species);