도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[Criminal Power] On October 12, 2011, the Defendant was sentenced by the Seoul Central District Court for eight months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on June 10, 2012, and on July 24, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Road Traffic Act at the Seoul Central District Court for the same year.
8.1. The judgment became final and conclusive.
【Criminal Facts】
1. On September 15, 2012, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.06% without obtaining a driver’s license on September 15, 2012, the Defendant driving of C Freight from the roads 588-2, Seocho-gu, Seoul, Seocho-gu to the roads 1422-4, Seoul Special Metropolitan City (Seoul Special Metropolitan City), while driving the C Freight at around 00:0 to the roads 142-4.
2. 공무집행방해 피고인은 같은 날 00:10경 서울 관악구 신림동 1422-4 앞 도로에서 운전자가 차 안에서 자고 있다는 신고를 받고 출동한 서울관악경찰서 D지구대 소속 경찰관인 E이 피고인을 상대로 인적사항을 확인하려고 하자 위 E에게 욕설을 하며 손으로 E의 얼굴을 때리고 멱살을 잡아 당겨 목을 할퀴고 발로 E의 다리를 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A written statement;
1. The circumstantial statement of the employee;
1. Inquiry into the driver's license ledger;
1. Investigation report (Investigation of the Madmark);
1. Damage photographs of patrolmen E;
1. Previous convictions in judgment: Criminal records, personal identifications and confinements, records of case summary agreement aid, court rulings [Seoul Central District Court 2012 High Court 20179, 2013 High Court 2013 High Court 1350 (Consolidated)] and applicable Acts and subordinate statutes;
1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 136 of the Criminal Act concerning criminal facts;