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(영문) 창원지방법원 통영지원 2016.03.15 2016고정48
해사안전법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the captain of the fleet B (36 tons) in Busan.

A public official of the Korea Coast Guard belonging to the National Safety Agency has operated the steering gear under the influence of alcohol.

In cases where there are sufficient grounds to designate a person, a person who operates, or instructs the operation of, the steering gear may be under the influence of alcohol, and such person shall comply with a request of a public official of the Korea Coast Guard for a measurement of alcohol.

Nevertheless, at around 02:20 on October 19, 2015, the Defendant: (a) sailed from the port in the north port of Yacheon-gu, Busan, the port of Yacheon-si to the port of Yacheon-si to the port of Yacheon-si to the port of Yacheon-si, Busan to the port of Yacheon-si to the port of Yacheon-si to the port of Yacheon-si to the port of Yacheon-si to the port of Yacheon-si; and (b) was sailing at the sea of 0.10 on the same day on the 13:10 on the same day, the Defendant refused a legitimate request for the measurement of drinking water by police officers under his/her jurisdiction for the inspection of vessels suspected of drinking alcohol at the port of Yacheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes concerning vessel confirmation reports, circumstantial reports, B-rout drawings, and other closure photographs, which are suspected to operate under drinking;

1. Article 104 subparagraph 2 of the same Act and Article 41 (2) of the preceding Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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