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(영문) 광주지방법원 2019.03.28 2018고정1294
병역법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 13, 2018, the Defendant was sentenced to one year and six months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court on September 13, 2018 and the judgment became final and conclusive on October 1, 2018.

1. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of BM5 car.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, on October 30, 2016, the Defendant operated the said car, which was not covered by mandatory insurance on the front distance of D located in Gwangju Seo-gu, Seo-gu, Gwangju, and operated the said car on three occasions from the above date to January 10, 2017, as shown in the attached list of crimes.

2. Where a person liable for military service who violates the Military Service Act moves his/her residence, a move-in report shall be made within 14 days pursuant to the Resident Registration Act;

Nevertheless, the Defendant, as a person liable for military service on June 201, failed to file a move-in report within 14 days without justifiable grounds, even though he moved from the member-gu E and F of the Seocho-gu Seoul Metropolitan Government to G apartmentH.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against I and J;

1. A written accusation of the K;

1. To inquire about the current status of delivery, copies of certified copies or abstractss of resident registration cards, move-in reports, inquiries about non-insurance-operation vehicles, and inquiries about mandatory

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of concurrent crimes);

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, Articles 84 (2) and 69 (1) of the Military Service Act, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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