[Criminal Power] On November 20, 2013, the Defendant was sentenced to six months of imprisonment by the Daejeon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On November 7, 2019, around 21:40, the Defendant driven a D Ecoo motor vehicle with a distance of about 300 meters from the front line of Daejeon Middle-gu B apartment to the road located in the same Gu C, while under the influence of alcohol level of about 0.045%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal history records, investigation reports (applicable to the same type of power and the application of Article 148-2 (1) of the Road Traffic Act);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

Prior to the instant case, the Defendant, even six times (three times of fine, one time of suspended sentence of imprisonment, and two times of suspended sentence) had been punished due to drinking driving, and again, driven under drinking.

Circumstances favorable to the defendant: The blood alcohol concentration is not higher than 0.045%.

The defendant, who is a drinking place, had a substitute driver drive a vehicle from Seosan-dong, Seo-gu, Daejeon to the so-called Jung-gu, Daejeon, and the defendant was driving a vehicle only within about 300 meters from the drinking time to the drinking time.

The crime of this case is recognized and reflected.

The age, age, and age of the defendant.