A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Power] On November 8, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (Refusal of measurement), etc. at the early branch of the Chuncheon District Court on March 17, 2018, and the Defendant was released on March 17, 2018 and completed the execution of the sentence on April 20, 2018, which became final and conclusive on the same day.

The prosecutor stated in the indictment the date of cancellation of detention (as of March 17, 2018) as the end date of execution of sentence, but the execution of sentence is premised on the conclusion of judgment, and the execution of pre-trial detention is not immediately executed, and thus, the defendant was released from prison due to cancellation of detention.

Even if the execution of imprisonment is not immediately terminated, it can not be said that it is the termination of the execution of imprisonment.

The Defendant’s term of punishment is calculated from April 20, 2018, when the judgment became final and conclusive. However, since the number of days of pre-trial detention is included in the term of punishment and no sentence remains to be executed any longer, it is reasonable to view that the execution of imprisonment is completed simultaneously with the final and conclusive judgment.

【Criminal Facts】

The defendant is the owner and captain of 3.96 tons coastal fishing vessel B (fishing vessel number C) with the 3.96 tons coastal fishing vessel B (fishing vessel number C) at the port of loading the port of Gangnamyang-gun, and is a person operating fishing vessel using the above vessel

No person shall operate the steering gear of a vessel, such as a fishing vessel reported for operating a fishing vessel business under the influence of alcohol, and no person shall violate an order to stop a vessel on board a vessel issued by a person suspected of violating the Maritime Safety Act.

1. Violation of the Maritime Safety Act due to drinking operation;

A. On May 24, 2019, the Defendant: (a) around 12:20 on May 24, 2019, operated the instant B vessel by operating the steering gear under the influence of alcohol content of approximately 0.032% at the section of approximately 2.5 meters of alcohol on the sea of approximately 14:03 on the same day by operating the steering gear under the influence of alcohol content of approximately 0.032% at the 2.5km of the same side of the 24:03 on the same day.

B. On June 20, 2019, the Defendant committed the crime in June 20, 2019, and was demoted around 09:06.