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(영문) 수원지방법원 2016.01.13 2015고정3079
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 29, 2014, the Defendant: (a) reported the fact that D, who is an operator, posted a job offer advertisement called “Recruitment of driving education instructors” at the location of living information that he/she intends to employ a driving instructor, etc.; and (b) agreed to receive KRW 10,000 per hour of driving education, after being employed as a driving instructor, from September 12, 2014 to November 29, 2014, the primary driver, who wishes to receive driving education using E, was paid a lecture fee of KRW 250,000 to KRW 270,000,000 from each other; and (c) received approximately KRW 5,100,000 from each other in Seoul Special Metropolitan City, etc. as wages from D to a driving education institute, and did not receive a fee for driving education, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the benefit ledger;

1. Relevant Article of the Act and subparagraph 6 of Article 150 of the Road Traffic Act, and subparagraph 1 of Article 116 of the same Act, applicable to the facts constituting an offense (in all cases, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act reflects the reason for the provisional payment order, the circumstances to be taken into account in the course of committing the crime, the level of punishment for other persons who worked as an instructor at the same driving school, etc. shall be determined as above in light of the order.

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