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(영문) 인천지방법원 2014.06.30 2013고단5828 (3)

도로교통법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Co-Defendant B (Separation) is a lecturer of the above “C,” and the Defendant is a person who operates a non-registered driving school under the trade name of “C.”

No person who has not been registered as a driving school shall conduct the driving education of a motor vehicle, etc. conducted in the name of a driving school, etc. after receiving any consideration, or lending it in the name of a driving school, etc.

Nevertheless, while operating the above "C", B introduced students in the name-free vehicle between November 10, 2012 and January 15, 2013 to the Defendant, who are driving instructors, and the Defendant received driving education from B in the area, such as Incheon, and then transferred KRW 1,60,000 among them to B as an introduction fee.

Accordingly, the defendant conducted driving education in collusion with B without being registered as a driving school.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each prosecutor's office and police interrogation committee for co-defendant B, D, E, F, G, H, I, J, K, L, M, N, andO (Separation);

1. Statement of the police about P;

1. Control note;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to notify the customer/account comprehensive information inquiry, each written provision of financial transaction information, reply to each request for the provision of financial transaction information, and the current status of financial transaction information;

1. Relevant Articles 150 subparagraph 6 and 116 of the Road Traffic Act, and Article 30 of the Criminal Act concerning the facts constituting an offense. Article 30 (Selection of Fine)

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;