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(영문) 수원지방법원 성남지원 2013.03.28 2013고정170

도로교통법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants were punished by fine.

Reasons

Punishment of the crime

1. Defendant A

(a) Anyone who intends to establish and operate a driving school in violation of the Road Traffic Act using a similar name shall register with the Commissioner of a Local Police Agency after meeting necessary conditions, such as facilities and equipment, the number of instructors and standards for placement of instructors, and anyone who fails to register a driving school shall not display or advertise a trade name using a name similar to a driving school;

Nevertheless, the Defendant, without registering a driving school of a motor vehicle with the Commissioner of the Gyeonggi Provincial Police Agency, set up a signboard at the Defendant’s home located in Sungnam-gu, Sungnam-gu, Seoul and the third floor from January 10, 201 to August 16, 2012, and posted a trade name using a name similar to that of a driving school and advertised it on an Internet site.

(b) Anyone who intends to establish and operate a driving school in violation of the Road Traffic Act for a fee-free driving education shall register with the Commissioner of a Local Police Agency after meeting necessary conditions, such as facilities and equipment, the number of instructors, and standards for placement of instructors, and anyone who fails to register a driving school shall not conduct driving education for any motor vehicle outside of the driving school, etc. in return

Nevertheless, on July 30, 2012, the Defendant did not register a driving school with the Commissioner of the Gyeonggi Provincial Police Agency, and received 25,000 won per hour against H, who is an applicant for driving training using G character car owned by the Defendant on the road near Gangdong-gu Seoul Metropolitan Government F, Gangdong-gu Seoul Metropolitan Government, and provided driving education outside of a driving school, etc. for 10 hours.

2. Defendant B: Anyone who intends to establish and operate a driving school in violation of the Road Traffic Act, with no registered fee, shall register with the Commissioner of a Local Police Agency according to necessary conditions, such as facilities and equipment, the number of instructors, and standards for placement of instructors, and anyone who fails to register the driving school shall pay a fee.

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