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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal power] On May 23, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Maritime Safety Act, which operated the steering gear of a ship under the influence of alcohol at the Busan District Court.
【Criminal Facts】
No person under the influence of alcohol shall operate, or instruct the operation of, the steering gear of a vessel for the purpose of operation.
Nevertheless, from around 06:30 on June 11, 2020 to 06:40 on the same day, the Defendant operated a ship by operating the steering gear of B in the state of alcohol with approximately 2.4km from the area of approximately 0.4km of blood alcohol concentration to the sea of 0.5 m in the southwest through the Southern River of Busan.
Accordingly, the defendant operated the steering gear of the ship under the influence of alcohol at least twice in violation of Article 41(1) of the Maritime Safety Act.
Summary of Evidence
1. Statement by the defendant in this court;
1. Entry of the statement of the police suspect investigation record into the accused in the report on the arrest of the criminal who violates the Maritime Safety Act, and entry of the report into the host operator;
1. Previous convictions in judgment: Application of Acts and subordinate statutes described in investigation records, such as criminal records, driving of a suspect, and criminal records inquiry records;
1. Relevant provisions of the Maritime Safety Act and Articles 104-2 (2) and 41 (1) of the Maritime Safety Act concerning the selection of punishment;
1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that it reflects itself and the blood alcohol concentration is not high);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the confession and reflect of a crime by the defendant, and the blood alcohol content of the defendant at the time of the instant case is not higher than 0.045%, and the defendant’s age, character, conduct, intelligence and environment, motive, means and consequence of the crime, etc. shall be sentenced to a fine of KRW 10,00,000, considering the circumstances after the crime, etc.