Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is the actual owner and the captain of wing net fishing vessel B (1.46 tons, the shipment of a new ground to the west-gun) who are engaged in fisheries.

1. No person who violates the Maritime Safety Act shall operate, or instruct the operation of, the steering gear of a ship under the influence of alcohol;

Nevertheless, around 20:28 on April 28, 2019, the Defendant: (a) boarded and set sailed on B at the seat of the Hadok-gun, Hado-gun, Nando-gun, with a blood alcohol concentration of at least 0.067%, from around 23:24 on the same day to the 0.2 nautical miles southdo-gun, Nando-gun, Hado-gun, with a alcohol concentration of at least 0.067%, operated the steering gear of the above B while under the influence of alcohol.

2. No person who violates the Fishing Vessels Act shall use a fishing vessel for navigation or fishing, in violation of the mark of load line entered in a fishing vessel inspection certificate;

Although the certificate of fishing vessel inspection in B states that “any condition related to navigation” is “to exempt the installation of radars and to prohibit navigation at night (from sunset 30 minutes before sunrise)”, the Defendant operated B as described in paragraph (1) from around 20:28 on April 28, 2018 to 23:24 on the same day after sunset (round 19:15).

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A circumstantial report and a report on the detection of a host operator;

1. Loading certificate and fishing vessel inspection certificate;

1. B Port data;

1. A copy of output verifying the time of sunrise or sunset;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Relevant provisions of the Maritime Safety Act concerning criminal facts and Articles 107-2-3, 41 (1) (in the case of operating the steering gear of a vessel in the state of being taken), 44 (1) and 7-2, and 27 (1) 1 of the Fishing Vessels Act (in the case of operating the fishing vessel in violation of the conditions entered in the inspection certificate of the fishing vessel, selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;