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(영문) 수원지방법원 안산지원 2018.01.31 2017고단3644
도로교통법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who fails to register a driving school violating the Road Traffic Act for the use of names similar to a driving school, etc. shall display or advertise a trade name using a name similar to a driving school, etc.;

Although the Defendant did not have registered a driving school, he/she opened an Internet homepage (C) with the trade name “B” from November 2016 to March 2017, and posted the advertisement phrase, training hours table, training course, and lecture guide, etc. on the above website, such as “business entity specialized in visiting and training to be operated as a female professional instructor”, “on the basis to complete parking from the foundation to the parking site,” and advertised by using the name similar to a driving school.

2. Any person who has failed to register a driving school violating the Traffic Act with respect to education for driving without registration shall not conduct driving education for motor vehicles outside the driving school, etc. in return for payment;

Although the Defendant did not register a driving school, he received KRW 220,00 from D recruited on the website opened as set forth in paragraph 1, and provided driving education to the said D using the Defendant’s horse-based car on the day from November 15, 2016 to December 1, 2016.

The Defendant, including this, received a total of KRW 8,062,00 on 39 occasions from November 9, 2016 to March 29, 2017, and provided driving education.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of the police officers in F, G, and H;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to the closure of the C website), a list of boo lines, data on warrant reply (specifics on the account of the defendant), and each investigation report (final organization of suspect A's daily table of crimes, re-preparation of a list of crimes);

1. Article 152 of the Road Traffic Act concerning the facts constituting an offense as well as Article 152 of the same Act;

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