A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[2019 Highest 2603] The Defendant is a person subject to enlistment in active duty service.

On March 28, 2019, at around 12:21, the Defendant directly received a notice of physical examination under the name of the director of the Gyeongnam Military Manpower Office, stating that “the Defendant shall undergo a follow-up physical examination from May 9, 2019 to the director of the Gyeongnam Military Manpower Office who was located in the counter B of Changwon-si, Changwon-si,” but did not attend the physical examination without justifiable grounds until May 9, 2019.

[2019 Highest 3571] The Defendant is a motor vehicle owner of 124cc pX PCM.

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

Nevertheless, at around 15:30 on September 29, 2019, the Defendant operated the above Oral Ba, which was not covered by mandatory insurance from the counter counter dong of Changwon-si to the front roads of the same Gu.

Summary of Evidence

[2019 Highest 2603]

1. Defendant's legal statement;

1. Written accusation, written notice for a reexamination of the illness, status of delivery by mail, and notice for a reexamination of the illness of Grade VII (2019 order 3571);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of a traffic accident report, drug map at the scene of an accident, discovery and notification of an error without registration, notification of penalty payment, and application of the penalty payment notification;

1. Relevant legal provisions concerning facts constituting an offense, Article 87 (3) of the Military Service Act that prescribes a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent criminal offenders [unfair circumstances] is that the Defendant again commits the instant crime even though he/she was sentenced to a suspended sentence after having been sentenced to a fine for violating the Military Service Act several times due to a violation of the Military Service Act (affirmative circumstances]