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(영문) 춘천지방법원 원주지원 2017.11.24 2017고단877

도로교통법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 automobiles, etc. outside the driving school, etc. in return for payment.

A person who was a police officer from May 2017 to the same year.

8. Until January 1, 200, an indoor driving practice hall is operated in the name of “D” without registering a driving school on the original city C and I, received approximately KRW 12,00,000 from approximately 80 students who found the place and received a total of the tuition fees, and provided education for those students in the training course at the driving test site of the driving license test site and the road driving test site of the Defendant EM6 car, and provided the above students with a training method for passing the driver’s license test.

As a result, the Defendant provided driving education for automobiles without registering a driving school.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. Application of enforcement manual, enforcement photograph and Acts and subordinate statutes;

1. Relevant Article 150 subparagraph 6 of the Road Traffic Act and subparagraph 1 of Article 116 of the Road Traffic Act, the selection of punishment for a crime;

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing shall be considered in light of the circumstances in which the sentencing is recorded):

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation has the record of being punished by a fine several times for the same crime.

In light of the defendant's continued history, it is difficult for the defendant to function as a proper punishment.

The decision is judged.

In addition, in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive of the crime and circumstances after the crime, the execution of the sentence shall be suspended, but protection and observation shall be concurrently imposed to prevent recidivism.