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(영문) 창원지방법원 마산지원 2016.04.19 2016고정46
수상레저안전법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No person who operates an without a license shall operate a powered leisure craft (the maximum output of which of the propelling engine is at least five miles) that is able to operate without a license for operation;

Nevertheless, at around 11:40 on October 18, 2015, the Defendant: (a) placed on the high-speed sea-based high-speed village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village at a high-speed village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village without a license for operation; (b) placed on the sea-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village-based fishing village without a license.

2. On October 18, 2015, a person who is engaged in aquatic leisure activities shall not operate a power-driven leisure craft under the influence of alcohol, however, the Defendant, at around 14:00 on October 18, 2015, operated the above leisure craft under the influence of alcohol in a drinking condition of 0.104% alcohol concentration in alcohol until a person enters the port at the port of the port of the same Ri on the same day, by getting on and departing from the port of the maritime log raft located in the sea near the high sea of the Changwon-si, Changwon-si, Changwon-si., the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Session of a report on detection of a person operating a main aircraft, a circumstantial report, or a request for business cooperation (whether a person holds a license to operate a powered leisure craft);

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Subparagraph 1 of Article 57 of the relevant Act on the Safety of Water Leisure (unlicensed Operation) and Article 20 of the relevant Act on the Safety of Water Leisure, and subparagraph 2 of Article 57 and Article 22 (1) of the Water Leisure Safety Act on the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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