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(영문) 전주지방법원 군산지원 2018.11.02 2017고단912

도로교통법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

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

Nevertheless, on July 24, 2017, the Defendant, without registering a driving school, received 380,000 won as tuition fees from C on the home flus around the home flusing road located in the Young-si, Yasan-si, Yasan-si, and provided driving education using D's car.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of authorization for the preparation of C;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to photographs by cutting down illegal driving-restricted images;

1. Relevant Article 150 subparagraph 6 of the Road Traffic Act and subparagraph 1 of Article 116 of the Road Traffic Act, the selection of punishment for a crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is a relatively small amount of benefits acquired by the Defendant through the instant crime, but the Defendant appears to have committed the instant crime even though he/she was punished several times due to the same type of crime, and thus, it appears that the Defendant had provided unregistered driving education through the same method for several years, and the Defendant appears to have consistently agreed with the defense counsel that the Defendant did not reflect his/her own crime in this court and did not understand his/her defense counsel, and then acknowledged a crime late after the Defendant appointed his/her defense counsel, or in light of the Defendant’s criminal history, it appears that it is difficult to achieve his/her purpose by a fine to prevent recidivism.