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(영문) 서울서부지방법원 2017.01.19 2016고정1357
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Anyone who has not registered a driving school prescribed by the Road Traffic Act shall not conduct driving education for motor vehicles, etc. outside of a driving school, etc. in return for payment.

On May 2014, the Defendant: (a) reported and contacted the job offer advertisement of “inviting drivers” on the information on rice Luxembourg market’s living; (b) provided a numberless straw vehicle from D operating a non-registered-to-bed driver training company with the “C”; (c) provided lessons to the students so arranged; and (d) promised to receive tuition fees of KRW 10,000 per hour.

From June 1, 2014 to July 31, 2015, the Defendant sent text messagess, such as the name and contact address, region, and tuition fees, from E, the head of the aforementioned non-registered visiting driver training company, to which he/she wishes to take road training, and subsequently prosecuted the students using sirens provided by D with “10 hours of driving training, and 2.3 million won of tuition fees paid in return for such training, to E, and receiving an accurate payment of KRW 100,000 for his/her tuition fees,” in collusion with the aforementioned D, E, and the prosecutor at the Japanese conference at the Seoul Road Station charged the students, from the date of June 1, 2014 to July 31, 2015, as described in Articles 37 and 38 of the Criminal Act, with respect to the instant facts charged, as substantive concurrent crimes.

However, since several acts falling under the name of the same crime are continuously conducted for a certain period under the single and continuous criminal intent, and the legal interests of such damage are the same, the crime stated in the facts charged of this case constitutes a single crime, which constitutes a single crime.

It is reasonable to view it.

The facts charged in this case are specified to the extent possible, and the defendant's right of defense is also guaranteed by the following: (a) the period of free-registration training by the defendant; (b) the profits earned from the crime during the pertinent period; and (c) the settlement method of profits with the accomplices.

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