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(영문) 대전지방법원 2020.11.27 2020고정990

편의시설부정이용

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a operator of the K7 car.

On June 27, 2019, around 21:17, the Defendant: (a) installed a wireless device, etc. on which the Defendant can use the said car to pass the lower-class lane on the Seo-gu Seo-gu, Seo-gu, Daejeon; (b) passed the lower-level area of the lower-level automatic equipment without permission in the absence of balance; and (c) passed the lower-level area of each place of business over 222 times in total, as shown in the attached list of crimes, from that time until April 2, 2020.

Accordingly, the defendant, without paying the price by illegal means, obtained a total amount of 761,430 won by using the lower section exclusive for the fee automatic equipment and the expressway.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to request an investigation, the statement and image of the criminal and evidential materials attached thereto, and the investigation report (unagreement and confirmation of the intention of punishment); and

1. Relevant Article 348-2 of the Criminal Act and the choice of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the opinion of the prosecutor’s office: The decision of sentencing a fine of KRW 700,000: The defendant is divided by mistake, and the circumstances favorable to the defendant such as the absence of any particular criminal records, except for the minor one-time fine, are recognized.

However, the crime of this case was committed by the Defendant over 222 times in nine months, and the Defendant passed through the expressway drive force without permission. The period of the crime is long, the number of crimes is high, and the charges for the illegal use are not high.

In addition, the defendant also abide by the date on which he promised to pay unpaid service charges with the Korea Highway Corporation.