A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 31, 2014, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site, and the judgment became final and conclusive on January 14, 2016.

【Criminal Facts】

At around 02:00 on June 12, 2020, the Defendant driven a DK5 car while under the influence of alcohol of about 0.050% in a section of about 500 meters from the front of the Pyeongtaek taxi market to the front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act for probation, order to attend a lecture, and order to provide community service order shall be based on a comprehensive consideration of the circumstances surrounding the Defendant’s drinking operation, the criminal records of the Defendant, the age, character, conduct, environment, etc. of the Defendant, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of