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(영문) 부산지방법원 동부지원 2021.02.04 2021고정10
해사안전법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the captain of a ship who is also the captain of a ship B (9.16 tons, three crew on board) of a coastal fishing vessel (9.16 tons, three crew on board) in Suwon-gu.

No person under the influence of alcohol shall operate, or instruct the operation of, the steering gear of a ship.

Nevertheless, from October 5, 2020 to October 18:00 of the same day, the Defendant divided one person, who is a branch, at the marging house located in the Magdong-dong in Busan, from around 16:00 to around 18:00 of the same day, and 2:00 of the same day, returned home and went home at around 20:0,000 on the same day, and followed the weather around 0:30 on October 6, 2020.

At around 01:01 on October 6, 2020, the Defendant directly operated and operated the above B while under the influence of alcohol content of 0.061% at a citizen village located in Suwon-gu, Busan, but at around 01:20 on the same day, he moves 60 days to the neighboring sea in the Nam-gu, Busan, and on the same day, he directly operated and operated the steering gear of B (5.42 tons) at around 02:0 on the same day prior to the same line C (5.42 tons).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accused of the report on the result of the failure of the police investigation protocol to take measures against the accused, the report on detection of the chief flight operator, and the output of the output of drinking measurement;

1. Article 104-2 (1) 3 and Article 41 (1) of the former Act on the Punishment of Criminal Crimes and the Matters concerning the selection of punishment, Articles 104-2 (1) 3 and 41-2 (1) of the former Act

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;

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