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(영문) 부산지방법원 2020.01.14 2019고단5288
도로교통법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Anyone who has not registered a driving school shall not conduct driving education for automobiles, etc. in return for payment by lending the name of a driving school, etc. outside of the driving school, etc. or in the name of a driving school, etc.

The Defendant received a certain amount of tuition fees from students who received through the Internet homepage B, without registering a driving school, and received a certain amount of tuition fees from the Defendant’s passenger car, etc. on February 12, 2018, and received KRW 300,000 from the Defendant’s agricultural bank account after providing students C with driving education using the Defendant’s car at the Busan Japan region.

In addition, from February 12, 2018 to April 22, 2019, the Defendant provided driving education in return for a total of KRW 14,400,000 without registration over 48 occasions in the same manner as the attached crime list, as shown in the attached list of crimes, on the road of Busan Japan from February 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on output of details of B website, and account transaction details;

1. Relevant legal provisions concerning the facts of crime, the choice of punishment, and Articles 150 subparagraph 6 and 116 of the Road Traffic Act, and the choice of imprisonment;

1. It is so decided as per Disposition in full view of the following: (a) there is a record of being sentenced to a fine due to the same kind of crime for sentencing under Article 62(1) of the Criminal Act; (b) the period and frequency of the crime; and (c) the number of

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