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(영문) 의정부지방법원 2017.05.19 2016고단5270
도로교통법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 4,00,000 won.

Defendant

B Each of the above penalties.

Reasons

Punishment of the crime

Defendant

A, along with C, is a person who opened an Internet homepage (D) around April 3, 2014 and operated a driving school with the trade name of “G” in the name of “E”, and around March 18, 2015, a person who opened an Internet homepage (F) and operated a driving school with the trade name of “G”.

No one shall conduct driving education for automobiles, etc. by allowing the Commissioner General of the competent Regional Police Agency to use facilities to conduct driving education for automobiles, etc. and practice driving education for automobiles, etc. conducted in the name of a driving school, etc. outside of a driving school, etc. in return for payment or by lending the name of a driving school, etc.

1. Defendant A recruited students for driving on the road through the Internet homepage of the above “E” and “G,” and introduced recruited students to H, B, C, etc., who are qualified driving instructors, and Defendant A decided to operate the said “E” and “G Driving Schools” with the introduction fees received from these persons.

On June 2, 2014, the Defendant, without being registered with the competent local police officer, at the 1,04 Do 1503 residing in the Namyang-si, Gyeonggi-do, and 1,04 Do 1503, notified C of the name and address, area, duration, amount of attendance, etc. of the students who applied for a road driving training through the Internet homepage of the above "E", which is an unqualified lecturer.

The above C received tuition fees of KRW 220,000 from the above students and conducted road driving education, and then remitted KRW 60,000 to the defendant as a referral fee for the above students.

From around that time to August 23, 2015, the Defendant received an introduction fee of KRW 71,034,000 in total from the driving instructors in Seoul and Gyeonggi regions as shown in the attached Form Table (1) in the same manner as in Seoul and in the same manner, and provided driving education for automobiles.

2. Defendant B did not register with the Commissioner General of the Regional Police Agency around May 16, 2014, and was recruited by Defendant B through its Internet homepage as described in the foregoing paragraph 1.

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