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(영문) 창원지방법원 진주지원 2015.08.27 2015고정9 (1)

주차장법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

피고인은 경남 하동군 D 외 4필지의 건물 소유주 및 부설주차장의 관리책임이 있는 자이고, A는 2012. 5.경부터 2013. 8.경까지 위 건물의 부설주차장에 가설건축물을 설치하고 뻥튀기와 아이스크림을 판매하는 자이다.

In addition to cases falling under the standards prescribed by Presidential Decree, the owners of facilities or persons responsible for managing the attached parking lot shall maintain the original functions of the attached parking lot so that users of the relevant facilities may not interfere with their use

Nevertheless, from May 2012 to August 2013, the Defendant did not maintain the original function of an attached parking lot equivalent to the above area by consenting A to the installation of a temporary building and its location on 23 square meters (two parking spaces) of an attached parking lot installed as the facilities that cause demand for parking.

Summary of Evidence

1. Each legal statement of the defendant and A;

1. Legal statement of witness E;

1. Each protocol of interrogation of the defendant and some police officers against A;

1. Statement to E by the police;

1. A written statement;

1. General table of the building register, general table table, aggregate building register, copy of cadastral map, land cadastre, site photograph, each investigation report (referring to attachment of the current status of a building, attachment of site photographs, attachment of site photographs, etc.), current status of a building, status of an access road to an annexed parking lot, current status of an annexed parking lot, status of an annexed parking lot, cadastral survey result map, current status of an annexed parking

1. The defendant and his defense counsel in each accusation filed a complaint that the defendant's wife permitted a funeral service to A without the defendant's permission, and the defendant did not know all of the above facts, and therefore, the defendant did not have any intention to violate the Parking Lot Act.

In light of the following circumstances, A’s permission to perform funeral services on the site of the instant annexed parking lot is the Defendant’s wife, and the Defendant is responsible for the management of the said annexed parking lot.

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