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(영문) 수원지방법원 2015.07.08 2015고단1119

도로교통법위반등

Text

Defendant

A shall be punished by a fine of three million won.

Defendant

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

Reasons

Punishment of the crime

1. A person who fails to file for registration of a driving school for violating the Road Traffic Act by Defendant A shall not conduct driving education for automobiles in return for payment;

Nevertheless, Defendant A opened an advertising website of a private teaching institute of D, visited the site, visited the contact number of customers who reported and contacted the above site to B, provided that B provided driving education to the said customers and divided the price for the transaction. On December 18, 2014, Defendant A did not register a driving school by using E Lasa car at the entrance of a private teaching institute of the Republic of Korea, which is located in Suwon-si, G, for the purpose of receiving 25,000 won per hour and providing F with driving education. From October 2014 to the above date, Defendant A provided driving education by receiving approximately 30 students per hour from the above 30 students.

2. Where the Minister of Land, Infrastructure and Transport intends to change the structure and devices of a motor vehicle violating the Motor Vehicle Management Act of Defendant A, the owner of the relevant motor vehicle shall obtain approval from the competent authority;

Nevertheless, around September 2014, Defendant A did not obtain the approval of the competent authority from a mutual influence car company in Songpa-gu Seoul Metropolitan Government Pungdong, and changed the structure and devices of the motor vehicle by installing a auxiliary operation device to the chief of Eyststy motor vehicle.

Summary of Evidence

1. Defendant A’s legal statement

1. B written statements;

1. Copy of the suspect's note;

1. Application of the Acts and subordinate statutes governing enforcement sites and teaching vehicles photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 6 of Article 150 and Article 116 of the Road Traffic Act that choose a sentence, Article 81 of the Automobile Management Act, Articles 81 and 19, and 34 of the Motor Vehicle Management Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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