logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.06.15 2017고단1144
도로교통법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

A person who has not registered a driving school shall not conduct driving education such as a motor vehicle outside the driving school, etc. in return for the consideration. However, the defendant has attempted by C to arrange the elementary drivers who wish to receive driving training of the motor vehicle recruited by C to conduct driving training and pay a approximately KRW 22-250,000 (based on 10 hours) of tuition fees to driving instructors, and KRW 10,000,000 out of KRW 8-10,000 in the name of placement fees shall be paid to them, and KRW 7-90,000 in the name of placement shall be brought to the defendant, or the defendant shall receive tuition fees directly.

Accordingly, around January 6, 2013, the Defendant received a total of KRW 458,87,000 from September 30, 2015, a total of KRW 2,050 by the following methods until September 30, 2015, including: (a) D, a driver wishing to receive road training introduced from C in Seoul, a driving school, etc., directly conducted the road training outside of a private teaching institute, etc.; and (b) paid the following tuition fees.

As a result, the Defendant, in collusion with C and multiple unregistered driving instructors, provided driving education for automobiles outside a private teaching institute for compensation, even though it did not register a private teaching institute.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol for the examination of police officers against E, C, F, G, H, I, J, K, L, M, N,O, P, Q, R, and S;

1. Application of the police statement law to T;

1. Subparagraph 6 of Article 150 of the Road Traffic Act and subparagraph 1 of Article 116 of the same Act concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same.

arrow