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(영문) 부산지방법원 2020.02.19 2020고정125
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, without registering a driving school, operated a driving school with the trade name “B” from November 201 to January 2019 between the Plaintiff and the Plaintiff, and opened an Internet site (C) on which the said trade name was posted, and displayed or advertised a trade name using a name similar to that of a driving school by recruiting students against many unspecified people.

2. No person who violates the Road Traffic Act by making a registration for driving without any registration shall conduct the driving education for automobiles, etc. which are conducted outside of a driving school, etc. in return for a payment;

Nevertheless, on January 6, 2018, the Defendant received 250,000 tuition fees from the E bank account (Account Number F) in the name of the Defendant from the D who applied for taking driving education in the irregular area below Busan on January 6, 2018 without registering the driving school, and provided driving education to D using the vehicle of GM3 vehicle or students owned by the Defendant, and provided driving education to D from around that time to January 24, 2019 by the foregoing method as stated in the annexed crime list, and received 11,375,000 won in return for receiving driving education.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on internal investigation and investigation (the Nos. 5, 12 through 15, 27 of the evidence list);

1. Details of financial transactions of the E bank;

1. Search and seizure site photographs;

1. Application of Acts and subordinate statutes on account transactions in the E bank;

1. Relevant Article of the Act on the Crime and Article 150 subparagraph 6 of the Road Traffic Act, the choice of punishment, and Article 116 of the Road Traffic Act;

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