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(영문) 서울서부지방법원 2019.02.14 2018고정1106
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

Anyone who fails to register a driving school with the Commissioner of the competent Local Police Agency shall be prohibited from conducting driving education for motor vehicles, etc. conducted in the name of a driving school, etc. outside of a driving school, etc. in return for payment.

On April 2017, the Defendant, under the trade name “B”, contacted C with a person operating a company without registered visit driving training to arrange for students from C, installed a “B7 vehicle” in the Defendant’s DK7 vehicle or on the vehicle of students, and used the “brac class” to teach students and receive 150,000 won from C in return.

On April 23, 2017, the Defendant introduced, around April 23, 2017, the students E wishing to undergo road driving training from C, installed the said “brake ” on a vehicle not known to E, provided education for road driving training for ten hours by using the said vehicle, and received 150,000 won from C to the Nonghyup Bank account in the name of F, his/her father or mother.

In addition, the Defendant acquired a total of KRW 9,142,00 in total over 42 times from April 23, 2017 to October 23, 2017 in the same manner in Seoul and Gyeonggi Team, as indicated in the attached list of crimes, and provided driving education for 55 persons in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on investigation report (referring to the case concerning the phone statement of the suspect F and the telephone statement of A);

1. Article 152 subparag. 6 of the Road Traffic Act’s Bill of Indictment No. 150 subparag. 6 of the Act on the Punishment of the Crime and the Selection of Punishment seems to be a clerical error;

§ 116(1)(general). Selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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