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1. The sentence against the accused shall be 5,000,000 won;
2. The defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is a seafarer of a fishing vessel B (7.93 tons) of the coast view at the Gunsan Coast, who is engaged in fisheries.
1. No person who violates the preceding Act shall operate or instruct the steering gear of a vessel while under the influence of alcohol;
On November 19, 2016, from around 08:20 to 09:20 on November 19, 2016, the Defendant operated and operated a steering gear while under the influence of alcohol with four fishing vessels at anchor in a nearby sea, thereby causing property damage to the market price.
In addition, at around 09:20, two police officers, such as F, etc. belonging to the E Safety Center, are aware of the above situation during the C Port patrol in the jurisdiction of the E Safety Center and requested the defendant to conduct a drinking test at the E Safety Center office around the same 10:25 after boarding and mooring the above vessel, but the defendant refused to conduct a drinking test at the police officer three times while under the influence of alcohol.
Accordingly, the defendant refused to measure the drinking of police officers who perform their official duties properly.
2. Any person who intends to become a ship personnel, as a ship personnel, shall obtain a license for a marine engineer granted by the Minister of Oceans and Fisheries;
Nevertheless, the Defendant operated the above fishing vessel without a license for marine articles as provided in paragraph (1).
Summary of Evidence
1. A protocol concerning the interrogation of each police suspect against the accused;
1. Each police statement made with respect to G and H;
1. A written statement of I;
1. A report on detection of any operator of the main service;
1. Evidentiary photographs;
1. Application of the Acts and subordinate statutes governing licenses for marine articles;
1. Relevant legal provisions concerning facts constituting an offense, Article 104 subparag. 2, and Article 41(2) of the former Act on the Cases of harming the Selection of Punishment (the point of refusing to measure drinking), Article 27 subparag. 2, and Article 4 of the Ship Personnel Act (the point of operating without a license), and the selection of each fine;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;