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 May 9, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving), etc. at the Goyang Branch of the Jung-gu District Court, and on November 25, 2010, sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the same court on November 25, 2010, and on October 28, 2014, the Seoul Western District Court sentenced two years of suspension of execution to eight months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 5, 2014.

【Criminal Facts】

On March 05, 2016, at around 07:50 on March 05, 2016, the Defendant driven EM cars at approximately 3km section from the Defendant’s residence located in Seoyang-gu, Goyang-si, 08:05 on the same day to the front of the police box located in Goyang-si, Goyang-si, 219 at the center of Goyang-si, Goyang-si, 0.104% of blood alcohol level without the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record indicated in the register of driving a motor vehicle and driving a motor vehicle;

1. A statement on criminal records, etc.;

1. Each investigation report, each written judgment, and the application of Acts and subordinate statutes governing each summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. One year and six months of the suspension of execution, one year and three years of the suspension of execution (the circumstances of the crime and the drinking practice, the driving without a license, the previous conviction and relationship, the age, character and conduct, economic and family environment, etc. of the defendant);