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(영문) 춘천지방법원 영월지원 2017.09.12 2017고정70

도로법위반

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

No person shall Stockpiling any obstacle, such as earth and stones, standing timber, bamboo, etc., on a road or conduct any act impeding the structure of a road or the traffic on a road without justifiable grounds.

Nevertheless, on November 2016, the Defendant: (a) accumulated bricks and earth and sand for fences on the roads in Yeongdeungpo-gun, Gangwon-gu, Gangwon-do; and (b) performed an act that obstructs road structure and traffic.

Summary of Evidence

1. Legal statement of the witness D;

1. Accusation against a violation of the Road Act;

1. On-site photographs, the results of the request by the local cadastral committee, the first instance judgment on land boundary, the second instance judgment on land boundary confirmation, the application of the statutes of the Supreme Court on land boundary verification;

1. Article 114 subparagraph 7 of the Act and subparagraphs 2 and 3 of Article 75 of the Act and the selection of fines concerning the facts constituting an offense;

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

1. The Defendant and his defense counsel’s assertion as to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is alleged to the effect that the Defendant’s defense counsel did not violate the Road Act, since the Defendant’s fence and earth and sand storage place for the fence was not a road of the Gangwon-gun, the Gangwon-gun, and thus, it was not a violation of the Road Act. However, in full view of the following circumstances revealed by the evidence duly adopted and investigated by this court, the Defendant violated the Road Act by piling up the wall stone and earth and sand on the roads

It is reasonable to view it.

① The land owned by the Defendant, Youngwon-gun E (hereinafter “E”) and C roads owned by the Republic of Korea (hereinafter “C roads”), adjoining each other, and the Defendant stored a brick and earth and sand for fenced in the part of C roads outside the line connecting each point listed in attached Form 10, 11, 12, and 13.

(2) On February 15, 2012, the Defendant filed a lawsuit seeking confirmation of land boundary with respect to the boundary of E and C roads against the Republic of Korea on February 15, 2012, on the line connecting each point of the matters indicated in the attached Form 10, 11, 12, and 13, on the boundary of the land and C roads.