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수원지방법원 성남지원 2017.02.07 2016고단3891

A defendant shall be punished by imprisonment for six months.

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.


Punishment of the crime

On October 4, 2007, the Defendant has a record of receiving a summary order of a fine of one million won or more for a crime of violating road traffic law in the Sungnam support by the Suwon Friwon, and a summary order of a fine of one million won or more for the same crime in the same court on August 6, 2009.

Criminal facts

On November 8, 2016, the Defendant driven B chartered bus under the influence of alcohol content of 0.054% while under the influence of alcohol content at around about 2 km from the front of the “ice” factory located in the Dondong Eup located in Gwangju-si, Gwangju-si, to the front road of the same Eup.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Previous conviction: Application of inquiries about criminal history and a copy of each summary order to the Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and all the conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence identical to the order shall be determined.

In other words, it will not repeat the crime.

The blood alcohol concentration level is low and there is no record of punishment exceeding fine. Even if a person is sentenced three times to a fine for the same kind of crime, it is difficult to prevent recidivism due to a fine, such as driving under the same kind of crime, it is difficult to prevent recidivism.

is determined.