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(영문) 대전지방법원 2021.02.09 2020고정927

도로법위반

Text

Defendants shall be punished by each fine of KRW 500,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Where a person, other than a road management agency, intends to connect high-speed national highways, automobile-only roads, or other roads prescribed by Presidential Decree with other roads or passage or other facilities, he/she shall obtain prior permission from the agency for road management.

Nevertheless, around October 2018, the Defendants conspired to pack cement on the pertinent land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnamsan-gun, the Defendant owned, and opened a path with access roads without obtaining prior permission from the Road Management Office, the Cheongsan-gun, the Office of Road Management, and connected the passage to D national highways without permission.

Summary of Evidence

1. Defendants’ respective legal statements on the fourth public trial date

1. Each legal statement of witness E and F;

1. Each police statement made to G, E, and H;

1. A report on internal investigation (in addition, attaching additional submitted data, attaching photographs and video materials, on-site verification, verification on the countersite of the I president), investigation report (to listen to the testimony by a witness E phone, J interview report by a witness, and listening to the statement by K of a witness);

1. Application of Acts and subordinate statutes to photographs, such as site;

1. The Defendants: Article 114 Subparag. 5 of the Road Act, Article 52(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of fines, respectively,

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The defendants of suspended execution: Article 62 (1) of the Criminal Code (it is acknowledged that the defendants' liability was disadvantageous to the defendants in light of the purpose of the road law prohibiting the connection of passage to the national highways without permission, but the defendants had a depth of the defendants' late and late, and the defendants operated a string in the vicinity of the national highways of this case without properly checking whether they should obtain permission under the Road Act on the site which was actually connected to the national highways of this case. Since the Road Management Agency failed to find the violation until the defendants dispute with neighboring residents.