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(영문) 수원지방법원 2018.01.17 2017고단7804
도로교통법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who has not registered a driving school shall not conduct driving education for automobiles, etc. outside the driving school, etc. in return for payment.

Nevertheless, the Defendant, at the time of operating the website called “D” with his/her father B and C, had his/her husband et al. consult with his/her representative number E to recruit students, and C agreed to act as driving education instructor in the event of contact with the Defendant, and 23,00 won per hour for small-sized students, 24,000 won per hour for medium-sized students, and 22,000 won per hour for use of cars, regardless of type of vehicles.

On April 27, 2017, the Defendant, in collusion with B and C, provided driving education to F students recruited through B without registering a driving school in the area of a driving school in Suwon-si, Suwon-si, and received 220,000 won as tuition fees from the Saemaul Treasury in the name of the Defendant to the account (G) of the Saemaul Treasury in the name of the Defendant, from that time until October 16, 2017, the Defendant received 20,350,000 won in total from 88 times as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect who prepares a letter of apology against B or C;

1. Application of Acts and subordinate statutes to report internal investigation (the details of photographs, telephone conversationss, vehicle photographs, and transaction details of Saemaul credit cooperatives after the site closure);

1. Article 150 of the relevant 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;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant committed the same kind of crime, while having been punished by a fine on April 2017, the sentence of imprisonment is inevitable as he/she has no particular reflective nature despite having committed the same crime. However, considering the fact that the Defendant recognized all of the crimes and the Defendant did not prevent the same kind of crime again, the enforcement of the sentence shall be suspended only once.

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