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(영문) 대구지방법원 포항지원 2016.06.16 2016고단196
병역법위반등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of fifty million won.

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

Reasons

Punishment of the crime

[2016 Highest 196] The Defendant served as a member of the social service in charge of environmental protection and surveillance support as a member of the community service of the C Eup office located in the Nam-gu, Nam-gu, Dong-si.

Social service personnel or art and sports personnel shall leave their service or not serve in the relevant field for at least eight days in total without justifiable grounds.

From September 11, 2014 to December 12, 201, from September 15, 199 to the 19th day of the same month, from the 22th day of the same month to the 26th day of the same month, and from the 29th day of the same month to the 30th day of the same month, the Defendant was absent from service without justifiable grounds.

[2016 Highest 224] On July 16, 2007, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act (dacting driving), etc. at the port support of the Daegu District Court (Seoul District Court). On May 28, 2008, the Defendant was sentenced to a fine of ten million won due to a violation of the Road Traffic Act (dacting driving) in the same court.

However, on November 12, 2014, the Defendant, while under the influence of alcohol 0.112% during the blood transfusion around 23:20 on November 12, 2014, driven D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

[2016 High Order 246] Defendant is a person who has no military service as a member of South-gu E and social service at port.

Where a person obliged for military service moves his place of residence, he shall file a move-in report within 14 days.

However, the Defendant did not make a move-in report without justifiable grounds, even though he moved to the place of residence from 201, the building F. 201, Nam-gu, Chungcheongnam-gu, Seoul, to 5, North-gu G buildings at port on September 2014.

Summary of Evidence

[2016 Highest 196]

1. Statement by the defendant in court;

1. A written accusation against members of the social service personnel who retired from the military service, and a written investigation of the fact of escape from the military service (2016 Senior 224);

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and references to the results of crackdown on drinking driving;

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