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(영문) 대구지방법원 영덕지원 2021.02.18 2021고합1
해사안전법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, while under the influence of alcohol, shall operate the steering gear of a ship.

From September 18, 2020 to September 15:12, 2020, the Defendant operated the steering gear of the above B while under the influence of alcohol content of about 1.8 0.153% from blood alcohol level, from around 14:56 to around 15:12, 2020 to around 14:56 to around 15:12 of the same day, the Defendant operated the steering gear of the above B under the influence of alcohol level of about 0.153% in blood alcohol level.

Summary of Evidence

1. Statement of the defendant in court and each investigation report;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case, transfer of the police, reports on detection of drinking controllers, circumstantial reports, ship nationality certificates, fishing vessel inspection certificates, and marine engineer licenses;

1. Article 104-2 (1) 2 and Article 41 (1) of the former Act on the Punishment of Crimes and the Matters concerning the pertinent legal provision and the year in which the punishment is selected;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is advantageous to the fact that the defendant recognized the instant crime, and reflects it. However, the defendant operated a ship even though his blood alcohol concentration was significantly high at the time of the instant crime, and the defendant operated the ship, and the defendant has multiple different types of criminal records, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, health status, and environment, shall be comprehensively considered, and the sentence as set forth in the disposition shall be determined as

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