beta
(영문) 서울서부지방법원 2016.11.11 2016고정1199

도로교통법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No person who has not registered a driving school shall conduct an driving education for motor vehicles outside the driving school in return for payment.

In 2015, the Defendant: (a) received siren vehicles from B, which became aware of by reporting and communicating the job recruitment advertisement on “driving instructor recruitment”; and (b) assisted the students in driving training by C; and (c) provided driving training to the students; and (d) received teaching fees of KRW 10,00 per hour.

On December 30, 2015, the Defendant received text messages, such as the name and contact point of the students who were recruited through the “D”’s Internet homepage from C without registration, and received text messages, such as region, tuition fees, etc., using Ebate vehicles received from B, and provided from Ebate vehicles, provided by B, provided 10,000 won of tuition fees to students, and then deposited 2,30,000 won of tuition fees into its SC Bank Account (F) in return, and then withdrawn them by using the Defendant’s cash card held by C in advance, and received re-paid 11,000 won per hour by calculating the Defendant’s shares.

In such a way, the Defendant provided driving education for ten times from December 30, 2015 to January 15, 2016 to students arranged by B and C without registration as indicated in the attached list of crimes, and acquired an unfair benefit of KRW 1,100,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol of B and C to each police interrogation protocol

1. Relevant Article 150 subparagraph 6 of the Road Traffic Act, Article 116 subparagraph 1 of the Road Traffic Act, and Article 30 of the Criminal Act concerning the facts constituting an offense (to select a fine, comprehensively);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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