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(영문) 대전지방법원 2012.11.30 2012고정1243

주차장법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, who is the manager of Seo-gu Daejeon Office, used the attached parking lot 1.5 square meters for purposes other than the parking lot by using the attached parking lot 11.5 square meters installed on the first floor of the above building from around spring in 2006 to April 24, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Accusation of the Parking Lot Act, a written statement, a written accusation, and application of current photographic Acts and subordinate statutes;

1. Article 29 (1) 2 of the Parking Lot Act and Articles 19-4 (1) of the same Act concerning facts constituting an offense;

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

1. Judgment on the assertion by the defendant or his defense counsel under Article 334(1) of the Criminal Procedure Act

1. A device installed in the crime of 11.5 square meters as indicated in the summary of the argument is a device for raising and unloading a vehicle for mechanical parking. This constitutes a facility for the safety management of vehicle parking, i.e., “facilities for vehicle parking,” and thus, the above installation of the device by the Defendant cannot be deemed as “using the parking lot for any purpose other than the parking lot.”

2. Article 2 Subparag. 1 of the Parking Lot Act provides that “parking lots” shall be “facilities for the parking of motor vehicles, which fall under any of the following:” and “attached parking lots” provided for in subparagraph 1(c) of the same Article.

“.. A parking lot installed ancillary to a facility that creates demand for parking, which is provided to users of the building or facility or to the general public.”

According to the above regulations, "facilities for parking" shall not be a parking lot immediately, and only those falling under any of the items of subparagraph 1 among the facilities shall be deemed to meet the concept of the parking lot, and each of the above items shall be the additional conceptual elements of "to be provided for the use of the general public."