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(영문) 대전지방법원 2020.03.13 2019고단4573
도로교통법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who fails to register a driving school in violation of the Road Traffic Act (hereafter referred to as "driving school without registration") shall conduct an act of conducting driving education outside the driving school, etc. in return for payment, or lending the name of the driving school, etc. in the name of the driving school, etc.

A. From November 23, 2016 to March 21, 2018, the Defendant introduced a driver via “B” and “C” website operator, or 126 persons, such as F, etc. who applied for training through “E” operated by the Defendant, and deposited KRW 250,00 (user vehicle) to 220,000 through “E” in the G bank account (H) in the name of the Defendant.

Accordingly, the defendant provided driving education for consideration without registering a driving school, such as attached Table I.

B. From January 1, 2017 to August 2018, the Defendant employed instructors in charge of driving education in each region while operating “E,” which is a site for arranging the Internet driving training, and allocated applicants for the name-free training who contacted through the above Internet website and representative telephone (I) to 10 persons, so that local instructors may conduct driving education. From January 11, 2017 to October 11, 2017, the Defendant received KRW 70,000 to 90,000 per case from 10,000 to 10,000 to G account in the name of the above Defendant.

Accordingly, the Defendant, in collusion with J et al. as shown in Appendix II, provided driving education at a cost without registering a driving school.

2. No person who fails to register a driving school in violation of the Road Traffic Act (use of similar names, etc.) shall display or advertise a trade name using any name similar to a driving school, etc.;

Nevertheless, the defendant is a driving school.

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