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(영문) 서울서부지방법원 2017.08.11 2017고정187

도로교통법위반

Text

Defendant shall be punished by a fine of two 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.

Nevertheless, on May 19, 2014, the Defendant provided education on road driving for 10 hours by using a training club on the passenger car of the students in the vicinity of his/her residence in Seoul. After receiving 250,000 won of tuition fees from the students in the bank account in the name of the Defendant C, the Defendant transferred 10,000 won of tuition fees from the students in the name of the Defendant to the bank account (D) account in the name of the Defendant.

In addition, from April 20, 2014 to November 16, 2014, the Defendant provided driving education for the sum of KRW 9,230,000 without registration over several occasions, such as “crime sight table (7) -A”, on the roads in Seoul, Japan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. The Defendant alleged to the effect that it was “the Defendant was unaware of whether the instant crime was punished,” but the mere legal site alone has a justifiable ground for legal mistake.

Therefore, the above argument is not acceptable. The above argument is not accepted.

1. Relevant Article of the Act and Article 150 subparagraph 6 of the Road Traffic Act, and Article 116 (1) 1 of the Road Traffic Act (including), and the selection of fines with regard to the facts of crime;

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;