A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. The Defendant retired from military service was an active duty soldier of the first volunteer soldier’s rank in the second volunteer soldier’s rank in the second volunteer soldier’s rank.

Around October 12, 2012, the Defendant received at least four (4) days from May 12, 2012, and returned to the affiliated military unit from around 24:00 of the same month to the affiliated military unit. However, for the purpose of evading military service, the Defendant left military service by failing to return to the affiliated military unit for about two (2) days from around 18:36 of the same month for the purpose of evading military service.

2. On October 16, 2012, the Defendant driven C Kanop vehicle without obtaining a driver’s license from around 16:30 to around 02:00 of the same month without obtaining a driver’s license in Seoul, Gyeonggi-do, and the Ilju-ju.

Summary of Evidence

1. Defendant's legal statement;

1. A report on occurrence, a statement of escape, and a service certificate;

1. Application of Acts and subordinate statutes to investigative reports (whether a driver's license is valid and confirmation of driving);

1. Article 30 (2) and Article 30 (1) 3 of the Military Criminal Act (the point of escape from military service) concerning a crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of unauthorized Driving and Selection of Imprisonment);

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing up the maximum term of punishments specified for each crime);

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

1. The crime of this case with the reason for sentencing under Article 62 (1) of the Criminal Act is not return to the military unit for the purpose of escaping military service even after the leave period, and the quality of the crime is not exceptionally applied to the case of driving a motor vehicle without a driver's license of the motor vehicle.

However, the result of the personal nature test conducted by the defendant at the time of entering the military was judged as "accident forecast risk (suic and mental disorder prediction)" and classified as an interested soldier. The personality test conducted during the military service also was judged as "satisficing and accident forecast risk (suic and mental disorder)", and received mental treatment due to depression, etc., and the crime of this case was committed by the defendant in such mental condition.