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(영문) 전주지방법원 군산지원 2015.04.08 2015고정17
해사안전법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain who is concurrently the owner of a charter fishing boat B (7.93 tons) which is a military vessel.

1. No person under the influence of alcohol shall operate the steering gear of a vessel defined in subparagraph 1 or 2 of Article 2 of the Ship Personnel Act to navigate an aircraft;

On May 27, 2014, at around 07:06, the Defendant operated B under the influence of alcohol content of 0.193%, until he entered the port of the Yando-si Yando-ro Yado-si Yado-si Yado-si Yado-si Yado-si Yado-do-si Yado-do-si Yado-do-si Yado-do-do-do-do-do

2. A person who intends to engage in ferry business shall obtain a license from the chief of the competent coast guard station where the business territory is sea waters;

On May 26, 2014, the Defendant: (a) around 16:00 on May 26, 2014, around 16:0, at the Yado-si Yado-si Yado-si Yado-si Yado-si Yado-si, two maintenance and repair team repair team C, etc. in the maintenance and repair base of SKK Telecom base station; (b) on the same day, around 17:30 on the 27:0 on the Yado-si Yado-si 27:0, around 07:06 on the 27:06 day, and carried on the ferry business by receiving KRW 9

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or C by the police;

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

1. Response to inquiries as to whether a ferry business license (report) is granted;

1. A copy of a shipment certificate and a copy of a report on fishing vessel business;

1. Application of the Act and subordinate statutes to the investigation report (136 pages);

1. Subparagraph 1 of Article 105 and Article 41(1) of the former Maritime Safety Act (amended by Act No. 12538, Mar. 24, 2014; Amended by Act No. 12538, Mar. 25, 2015); Article 39 subparagraph 1 of the former Excursion Ship and Ferry Business Act (amended by Act No. 12798, Oct. 15, 2014); Articles 39 (1) subparagraph 3 (a) of the former Excursion Ship and Ferry Business Act (amended by Act No. 12798, Oct. 15, 2014; hereinafter the same shall apply); and selection of fines for each crime.

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

1. The Criminal Act for the detention of a workhouse;

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