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(영문) 창원지방법원 2016.04.06 2016고정57
해사안전법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner and captain of the fishing C(2.9 tons) fishing vessel in the Jin Sea.

Police officers belonging to the National Safety Agency may measure whether a person who operates or instructs the operation of the steering gear to operate the steering gear is under the influence of alcohol, and the relevant navigator or pilot shall comply with the request for measurement by police officers belonging to the National Safety Agency.

Nevertheless, at around 07:10 on October 25, 2015, the Defendant left the port where 15:40 on the same day, leaving the port where 6 fishermen are engaged in fishing at the sea in front of the landing wharf for ammunition, and operated the 16:10 on the same day until the 15:40 on the 15:40 on the 15:40 on the 16:10 on the 15:10 on the 16:10 on the scam.

The police officer of the Korea Coast Guard Center who is doubtful of the Defendant’s drinking operation, requested the Defendant to take a drinking test three times (one time, 16:20, two times, 16:30, three times, 16:45) in accordance with due process, but the Defendant did not comply with the request for measurement.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Application of Acts and subordinate statutes (C) to a report on detection of operators of a main service, a report on detection of operators of a main service, a photo produced on the spot, or a copy of a license for coastal fisheries;

1. Article 105 Subparag. 2 and Article 41(2) of the former Act (amended by Act No. 13386, Jun. 22, 2015) concerning the pertinent provision of the Act on the Punishment of Criminal Crimes and the former Enforcement Decree thereof (amended by Act No. 13386, Jun. 22, 2015)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the record of having been sentenced to a fine on three occasions due to the crime of violating traffic laws (driving under influence) similar to the instant crime. In particular, when the instant crime was committed, and the instant crime was committed on March 27, 2015 and August 31, 2015, without being aware of the sentence of a fine of KRW 2.5 million due to driving under influence of alcohol, and again committed the instant crime on August 31, 2015, and without being aware of the fact that the instant crime was committed, the Defendant divided and reflected his mistake, and other facts revealed in the pleadings of the instant case.

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