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(영문) 서울중앙지방법원 2016.08.18 2016고정1848

도로법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the head of the public transportation labor union C branch, and the defendant B is the head of the D education and publicity division of the above branch.

Any person who intends to build, rebuild, alter or remove structures, things or other facilities, or occupy and use roads due to other reasons shall obtain permission from the agency for road management.

The Defendants conspired with the Road Management Office without obtaining permission from the Road Management Office, from October 30, 2014 to April 30, 2016, the Defendant occupied and used the said road without permission by installing a content for assembly of 12 square meters in size on the F Report located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and using it as a base for the “G reinstatement” in Defendant B’s “G reinstatement.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Accusations, current status photographs, photographs of road violations scene photographs, and voluntary removal and official notices of road violations;

1. Application of Acts and subordinate statutes to a report on investigation (in case of vicarious execution);

1. Article 114 subparagraph 6 of the Act, Article 61 (1) of the Act, Article 30 of the Criminal Act, and Article 30 of the same Act, respectively, on the roads where the relevant Act and the punishment are selected for the crime;

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

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