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(영문) 울산지방법원 2016.03.18 2016고정91
해사안전법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

B A A is a person boarding a fishing boat C (148 tons) with a port-type port-type fishing boat B (148 tons), who is an employee of B, and the Defendant is the owner of the said C.

No one shall operate, or instruct the operation of, the steering gear of a vessel under the influence of alcohol.

Nevertheless, at around 04:00 on September 14, 2015, B: (a) 13 passengers on board the said C at the port of Ulsan-dong defense force; (b) 17:10 on the same day after the operation was completed at approximately 5 nautical miles prior to the port of Ulsan-gu U.S. Chungcheongnam-gu U.S. (U.S.) and mooring at the port of the front port of the U.S. U.S. (U.S.) Ulsan-gu (U.S.) and was waiting at the sea in the defensive port to receive oil; and (c) 18:40 on the same day while leaving the port and waiting at around 19:10 on the same day, B operated the said vessel under the influence of alcohol by operating the said vessel under the influence of 0.4% of alcohol until it entered the port of the defensive port of Ulsan-gu (U.S.).

B, who is an employee of the defendant, committed the above acts in relation to the defendant's business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to reporting on the detection of persons who violate the former Act (main operation), reports on the detection of persons who are placed in the main operation, and circumstantial reports;

1. Article 109, Article 105 Subparag. 1, and Article 41(1) of the former Act on the Punishment of Criminal Crimes and the Matters concerning the selection of punishment, Articles 109, 105 Subparag. 1, and 41(1)

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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