Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Punishment of the crime

Defendant

On September 13, 2018, A was issued a summary order of KRW 2 million due to a violation of the former Act on the Prevention of Maritime Affairs in the Gwangju District Court's wooden branch.

Defendant

A is the captain of the coastwise G (9.77 tons) fishing vessel C (9.77 tons) with the port of loading on the port side of the previous Young-gun, and the defendant B is the owner of C.

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

Nevertheless, from around 02:00 on June 16, 2020 to around 02:30 on the same day, the Defendant operated the steering gear under the influence of alcohol with 0.182% of alcohol content in an influence in an influent section from the pre-Yan-gun, North Yong-gun to the adjacent sea.

Accordingly, the Defendant violated Article 41(1) of the Maritime Affairs and Fisheries Act at least twice.

2. Defendant B, an employee of the Defendant, committed an act of violating the Defendant’s duties, as described in paragraph 1, at the time and place of the Defendant’s employment.

Summary of Evidence

1. Application of each of the Defendants’ respective legal statements, reports on detection of persons operating a drinking vessel (C), reports on detection of drinking vessels, and inquiries about criminal records (A), and application of the Act and subordinate statutes to investigation reports (verification of suspect A's same military records);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 104-2(2) and 41(1) of the Maritime Affairs and Trade Act (the choice of imprisonment)

B. Defendant B: Defendant B who is subject to mitigation of the small amount of punishment under the main sentence of Article 109, Article 104-2(1)2, and Article 41(1)6 of the Act before the case at issue: Defendant B who is subject to suspension of execution of Article 70(1) and Article 69(2) of the Criminal Act: Defendant A who is subject to suspension of execution of education under Article 62(1) of the Criminal Act (a) of the Criminal Act: Defendant A with the reason for sentencing under Article 62-2 of the Criminal Act

(a) The scope of applicable sentences under law: Imprisonment for two years to five years; and

(b) Non-application of the sentencing criteria: No sentencing criteria shall be set; and

2. Defendant B

(a) The scope of applicable sentences by law: