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(영문) 서울서부지방법원 2016.11.24 2016고단2689 (1)

도로교통법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On January 2014, the Defendant: (a) contacted D who operates a non-registered visiting driving training company with “C”; (b) arranged students from D; (c) provided driving training using the Defendant’s Eio SF car; and (d) received KRW 1.60,00 from D in return; and (c) provided driving training to the students in the same manner as he/she was introduced by F, which is a driving instructor, for whom the F did not meet time; and (d) provided driving training to the students in the same manner, and paid KRW 220,000 from the students, the Defendant promised to pay KRW 50,000 to the broker F at the placement cost.

On January 28, 2014, the Defendant introduced G from D about January 28, 2014, and provided 10,000 won to students using the above vehicle with education for road driving training for 10 hours.

In addition, the Defendant acquired a total of KRW 53,279,750 from January 28, 2014 to December 20, 2015 in the same manner in Seoul and Gyeonggi Zone, as indicated in the attached Table of Crimes (6) and provided driving education for automobiles.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. 홈페이지 캡쳐 사진, D 국민은행 거래내역, 사업자등록증 및 전단지, 운전강사 스케쥴표 등 법령의 적용

1. Article 150 subparagraph 6 of the Road Traffic Act and subparagraph 1 of Article 116 of the same Act concerning the punishment of a crime and the selection of a punishment;

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

1. The suspended execution recognizes the error of sentencing under Article 62(1) of the Criminal Act, gains acquired, criminal records, and all other conditions of sentencing specified in the records and arguments of the instant case shall be taken into account.