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(영문) 수원지방법원 여주지원 2017.12.19 2017고단1200

도로교통법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall build traffic safety facilities or other artificial structures similar thereto on roads without permission therefor.

Nevertheless, on November 13, 2016, the Defendant installed a boundary stone of 88 square meters in Dongcheon-si, Seoul road, and installed soil therein.

As a result, the defendant installed artificial structures similar to traffic safety facilities on roads.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. On-site photographs;

1. Statement made with D;

1. Application of Acts and subordinate statutes to investigation reports (report on results of road surveys);

1. Article 153(1)6 of the Road Traffic Act and Article 68(1)1 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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

1. It is so ordered as per Disposition, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, etc., that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is when committing a crime.

Of the facts charged in the instant case, no person shall interfere with the structure or traffic of roads without justifiable grounds.

Nevertheless, on November 13, 2016, the Defendant installed a boundary stone of 88 square meters in Dongcheon-si, Seoul road, and installed soil therein.

As a result, the defendant committed acts that interfere with the traffic of motor vehicles and people on roads.

“The part of this case’s road was indicted under Article 114 subparag. 7 and Article 75 of the Road Act on the premise that it is a road under the Road Act. According to the records, the road of this case is not a road listed in Article 10 of the Road Act, but a road designated pursuant to Article 45 subparag. 1 of the Building Act, so there is no room to apply the Road Act.

Therefore, this part of the facts charged should be pronounced not guilty pursuant to Article 325 of the Criminal Procedure Act, or it is so long as it is found guilty of violating the Road Traffic Act, which is related to the crime.