Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine.

Punishment of the crime

Defendant

A is the deck of C (15 tons, inshore self-nets, and rush shipment) and the defendant B is the user of the defendant A as the owner of the ship of C.

1. Defendant A

(a) No person under the influence of liquor in violation of the preceding law of the sea year shall operate the steering gear of the vessel for navigation;

Nevertheless, from around 19:32 on July 14, 2020 to 19:42 on the same day, the Defendant operated C’s steering gear while under the influence of alcohol content of at least 0.144% in blood at a single-sea area located in the 0.4 nautical miles northwest-west located in the Yananando, Yanan-gun, Naman-gun, Naman-do.

(b) Where any person who violates the law of ship personnel intends to operate a ship of at least five tons, he/she shall obtain a license for maritime engineer (a navigation officer or small operator of a ship) from the Minister of Oceans and Fisheries;

Nevertheless, without obtaining a license for marine articles, the Defendant operated C, as described in paragraph 1-A, at the time, time, and place of port.

2. Defendant B, an employee of the Defendant, committed the Defendant’s act of violating the Defendant’s duties, as described in Section 1-A(a) at the time, time, and place of paragraph 1-A(a).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. C (Operation without License and Drinking) detection report;

1. Investigation report on detection of the main operator by the operator (related to the verification of data in E and C);

1. Application of the Acts and subordinate statutes on reply as to whether they hold licenses for marine articles;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 104-2(1)2 and 41(1) (a) of the former Act on the Maritime Affairs, Article 27 Subparag. 2 and 4 of the Ship Personnel Act (a)

B. Defendant B: the main sentence of Article 109, Article 104-2(1)2, and Article 41(1) of the Act prior to the issue

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who violates the preceding Act of a year with heavy punishment);

1. Defendant A who is selected to have a sentence mitigated: Defendant B to have a sentence mitigated: Articles 53 and 55 (1) 6 of the Criminal Act (the following extenuating circumstances among the grounds for sentencing);

1. Defendant B of detention in a workhouse: