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(영문) 서울중앙지방법원 2016.08.09 2016고정1623
도로교통법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person who has not registered a driving school shall conduct driving education for motor vehicles, etc. outside the driving school, etc. in return for payment, or conduct driving education for motor vehicles, etc. in the name of a driving school, etc. by lending it.

Nevertheless, the Defendant operated a visiting driver training company with the trade name such as “C Motor Vehicle Driving Institute”, “D Motor Vehicle Driving Institute”, and “E Motor Vehicle Driving” without registration of a vehicle driving institute.

The F and G couple received KRW 11,00 per hour from the husband and wife, and the F and others conspired to conduct road driving education for vehicle driving students recruited by the F and others.

Accordingly, around December 30, 2015, the Defendant received text messages stating “H, Gangseo-gu, 130,000 won and I” from the above G through the “com” app, and then received 230,000 won from the above H in terms of the training expenses for visiting a total of 10 hours from the above H, and received 230,000 won from the above H in terms of the training expenses for driving a car, and received 110,000 won in his/her share from the said H in terms of the vehicle’s own share. The Defendant provided driving education for the above H on the road from October 17, 2015 to January 1, 2016, without registering the driving school by the above method as indicated in the list of crimes attached to the attached Table, and received 35,000 won in addition to the above 30,500 won in consideration of the vehicle’s driving education outside the private teaching institute.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police in K and G;

1. Details of financial transactions;

1. Books of training on driving;

1. Application of Acts and subordinate statutes to hosting data containing telegrams;

1. Relevant Article of the Act and subparagraph 6 of Article 150 of the Road Traffic Act, and subparagraph 1 of Article 116 of the same Act, applicable to the facts constituting an offense (in all cases, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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