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(영문) 수원지방법원 성남지원 2021.03.25 2020고정1032

도로법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B Incorporated Company Co., Ltd. is a corporation which has its head office in Seongbuk-gu, Sungnam-si and D, and runs food processing and distribution business, and Defendant A is the representative director of the said corporation.

1. A person who intends to build, rebuild, alter, or remove any structure, article, or other facility of a defendant A or to occupy and use any road for any other reason shall obtain permission from the road management agency and shall not engage in any act impeding the structure of a road or traffic;

Nevertheless, from December 6, 2019 to June 24, 2020, the Defendant occupied and used a road and performed an act that obstructs the traffic of the road by piling up sales goods sites, paths, and day boxes without obtaining permission from the Road Management Agency.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the time, place, and the Defendant’s representative.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to a written accusation, field photograph, and certificate for registration;

1. Defendant A of the relevant Act on criminal facts: Article 114 subparag. 6 of the Road Act, Article 61(1) (the occupation and use of an unauthorized road), Article 114 subparag. 7 of the Road Act, and Article 75 subparag. 3 (the traffic obstruction) of the Act: Defendant B’s limited company: Articles 116 and 114 subparag. 6 of the Road Act, Article 61(1) (the occupation and use of an unauthorized road) of the Act, Articles 116 and 114 subparag. 7, and Article 75 subparag. 3 (the occupation and use of an unauthorized road) of the Act on the Road;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendant A who is selected to impose a fine;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The main circumstances are that the Defendants were punished by a fine with the same contents as the circumstances leading to the instant crime, the details of the crime, and the subsequent process.