2016fixed 2243 Violation of the Road Traffic Act

A person shall be appointed.

○○ (Lawsuits) and ○○ (Public Trial)

December 22, 2016

Defendant shall be punished by a fine of KRW 2,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

No person who has not registered a criminal fact-finding driving school shall conduct a driving education outside a driving school, etc. in return for payment.

B around April 3, 2014, B and C opened an OOOOOOOOO.com in the name of C and an OOOOOOOOOO.com in the name of B around March 18, 2015, and recruited students who wish to undergo road driving training using the above OOOOOOOOOO.com without registration with the competent authority, and the Defendant, as an unqualified driving instructor who did not register, introduced the aforementioned participants who were recruited as above from B, etc., and provided driving education in return for consideration on the road of GOOO.

On May 30, 2015, the Defendant received from B the name, contact address, amount, area, etc. of a student recruited through the above website from B to a textbook, and found it near the house of ○○○○ located in Dongdaemun-gu Seoul by using the vehicle of ○○○○○, and received 230,000 won as tuition fees from ○○○○.

The Defendant, in collusion with B, etc., as indicated in the attached list of crimes (5) from May 20, 2015 to June 28, 2015, received the total amount of KRW 2,612,00 as tuition fees from students on 24 occasions in collusion with B, etc., and conducted unregistered driving education.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, B, and C;

1. A copy of the business account book, a copy of the Kakakao dialogue (B-OO), the details of financial transactions, and the details of text dialogue (folating);

1. Photographs of the Internet homepage (fags, OOO), photograph of the Internet homepage (OO), and photograph of an educational vehicle;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 150 subparagraph 6 and Article 116 of the Road Traffic Act, Article 30 of the Criminal Act, Selection of each fine

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Cho Jae-sung