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(영문) 서울동부지방법원 2019.06.19 2019고단433

도로교통법위반

Text

A defendant shall be punished by a fine of three million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

No person who has not registered as a driving school shall conduct driving education outside the private teaching institute, etc. in return for payment, or conduct driving education for automobiles, etc. in the private teaching institute by lending the name of the private teaching institute, etc.

Nevertheless, around December 16, 2014, the Defendant received KRW 220,000 from 10 to 30,000,000 from 558 students from 16 December 16, 2014 to 50,000,000 won in the manner of receiving KRW 10,000 from 10,00 to 30,000,000 from 558 students under the name of driving education, as in the list of crimes, through “B,” etc., the operator of driving training business who was not registered as a driving school from 2,276,00 won.

Accordingly, the defendant did not register as a driving school and received driving education outside of a driving school.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the copy of each protocol of suspect examination C and D

1. Each penal provision subparagraph 6 of Article 150 and Article 116 (1) of the Road Traffic Act.

1. The former part of Article 37 and Article 38 of the Criminal Act among concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (hereinafter “B”) is a driving school registered with “B” operated by C, etc., the Defendant’s act was conducted as part of the duties of the registered driving school, and thus, the crime is not constituted.

Therefore, whether the defendant knew that the "B" is a non-registered company or not depends on the sex of the crime, not the defendant's prior invitation, but the contact with C et al. through the opened website, and the B et al. is about two years or more from August 2014 to August 2016, and the number of mediations becomes 6,787 times or more (in this case, 6,787 trainees were reported by the non-registered company or Amama also was presumed to have been reported by the non-registered company) and the same type of power or the same industry of the defendant.