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(영문) 인천지방법원 2014.08.29 2014고정2093

도로법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to build, rebuild, alter or remove structures, articles or other facilities, or occupy and use roads for other purposes in a road zone shall obtain permission from a road management agency.

Nevertheless, the Defendant occupied and used a road without obtaining permission from the management agency, from October 2010 to March 10, 2014, by installing a bitr and a water tank on the roadway of 3 meters in width at the length of 12 meters in the middle-gu Incheon Metropolitan City, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (related to removal, such as an artificial arctium without permission for occupation and use on the road);

1. Application of statutes governing cooperation following the maintenance of illegal facilities in occupation and use;

1. Article 97 Subparag. 3 of the former Road Act (wholly amended by Act No. 12248, Jan. 14, 2014); Articles 97 Subparag. 3 and 38(1) of the same Act, the selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;