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(영문) 부산지방법원 동부지원 2014.07.16 2014고단879
도로교통법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. No person who violates the Road Traffic Act in the course of using a similar name shall post or advertise a trade name using a name similar to that of a driving school;

From December 2, 2013 to January 16, 2014, the Defendant posted a mutual sign of “D practice hall” on the Nam-gu Busan Metropolitan City C and the third floor. On the Internet homepage of the above practice hall, the Defendant posted a letter of “E” on “E”, “it is possible to obtain KRW 230,000 won per month security group,” “it is possible to pass the registration”, “it is not possible to pass the national license examination,” and “the same course practice as the national license examination site,” and advertised the above private teaching institute by means of providing a bulletin board after passing the examination, and caused many unspecified persons to misunderstand “D practice hall” as a driving school.

2. No person who violates the Road Traffic Act under the education for driving without registration shall conduct the driving education for automobiles, etc. in return for payment;

Nevertheless, on December 20, 2013, the Defendant received 230,000 won from the “D Practice Center” as stated in paragraph (1) “D Practice Center” from the students F to the internal function and road driving training expenses. On January 16, 2014, the Defendant had G, a road driving instructor employed by the Defendant, conduct the road driving training in the southwest-dong, Busan, Busan, of the freight lane.

In this respect, the defendant provided driving education for the automobile without registering the driving school.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. The prosecutor's statement concerning G;

1. A written statement;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Relevant Article of the Act on Criminal facts, subparagraph 6 of Article 152 and Article 117 (1) of the Road Traffic Act (the occupation of using similar names), the choice of punishment for the crime;

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