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(영문) 인천지방법원 부천지원 2017.02.15 2016고정1670

도로교통법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who has not registered a driving school shall not conduct driving education for automobiles, etc. outside the driving school, etc. in return for payment.

On January 3, 2013, without registering a driving school, the Defendant arranged C(FF) for a primary driver who wished to receive driving training from B (hereinafter referred to as “non-standing”) and provided a road driving training training for ten hours by using a number-free car owned by the Defendant in the name of the Defendant in the vicinity of the student living in the game, and then received KRW 2,30,000 from the new bank account (D) in the name of the Defendant, and then remitted KRW 70,000 to B the introduction fee to the national bank account in the name of the Defendant.

In addition, from January 3, 2013 to September 15, 2015, the Defendant obtained unjust profits of KRW 78,540,00 (in addition, KRW 71,481,00 (the amount of actual profits if the Defendant offered KRW 7,059,00) by receiving driving education without registration on a total of 362 occasions (excluding KRW 41,000,000, out of the details of the 403-time trading in total of the crime list) as indicated in the list of crimes (A).

Accordingly, the Defendant, in collusion with the above B, conducted driving education for automobiles outside the private teaching institute without registering the private teaching institute.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes making statements concerning the statement of suspect B to the police interrogation protocol;

1. Article 150 subparagraph 6 of the relevant Act and Article 150 of the Traffic Act, Article 116 subparagraph 1 of the same Act, Article 30 of the Criminal Act, and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;