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(영문) 의정부지방법원 2017.05.31 2016고단5270 (1)
도로교통법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

B along with C, a person who opened an Internet homepage (D) around April 3, 2014 and operated a driving school with the trade name of “G” on the website (F) around March 18, 2015.

No one shall conduct driving education for automobiles, etc. by allowing the Commissioner General of the competent Regional Police Agency to use facilities to conduct driving education for automobiles, etc. and practice driving education for automobiles, etc. conducted in the name of a driving school, etc. outside of a driving school, etc. in return for payment or by lending the name of a driving school, etc.

B through the Internet homepage of the above “E” and “G,” recruited students for driving on the road, and introduced recruited students to A, H, C, who are qualified driving instructors, and received the introduction fees from them, to operate the said “E” and “G” Driving Schools.

On March 25, 2014, the Defendant did not register with the Commissioner General of the Korean National Police Agency around March 25, 2014, and received from the above B the name, contact address, tuition fees, region, etc. of the students recruited through the Internet homepage, and received tuition fees of KRW 220,000.

From that time to August 21, 2015, the Defendant received tuition fees of KRW 17,674,00 in total from the members of Seoul Mapo-gu, Seodaemun-gu, Yeongdeungpo-gu, and Dongjak-gu, as shown in the attached Table (2) as tuition fees, and provided non-registered vehicle driving education.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the details of financial transactions to the relevant statutes;

1. Article 150 subparagraph 6 of the relevant Act and Articles 116 and 116 (2) of the Road Traffic Act concerning the facts constituting an offense, and Article 30 of the Criminal Act (Selection of Penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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