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(영문) 대구지방법원 2018.05.25 2017고단6901

도로교통법위반

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. Use of similar name of a driving school;

(a) Anyone who intends to establish and operate a driving school of motor vehicles "C" shall register with the Commissioner General of the Local Police Agency according to necessary conditions, and anyone who has not registered a driving school shall not display or advertise his/her trade name using a name similar to that of a driving school;

Nevertheless, the Defendant placed an advertisement using the name similar to a driving school under the name of “C” from June 2016 to March 2017, without registering the driving school, and opened and operated the NAV block under the name of “C,” and posted a letter to inform the primary driver, etc. of the procedure for acquiring the driver’s license, and consulted with the representative telephone (D).

(b) Anyone who intends to establish and operate a motor vehicle driving institute shall register with the Commissioner General of the Korean National Police Agency according to necessary conditions, and anyone who has not registered a motor vehicle driving institute shall not display or advertise his/her trade name using a name similar to that of a driving school;

Nevertheless, the Defendant placed an advertisement using the name similar to the Motor Vehicle Driving Authority in the name of “E” from September 2017 to December 11, 2017, without registering a driving school, by opening and operating the NVP under the name of “E”, and posting a letter to elementary drivers, etc. to guide road training, and consulting with the representative telephone (F).

2. Any person who fails to register a driving school with an occupation of driving education without registration shall not conduct driving education outside the driving school in return for payment;

Nevertheless, the Defendant, without registering a driving school, is paid KRW 250,00 as tuition fees from a person who drives an in-house first class on June 2016 at a place where it is difficult to know the Daegu or lower place, without registering a driving school.