주차장법위반
The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
1. Summary of grounds for appeal;
A. According to the purport of the provisions of the Parking Lot Act, as stated in the facts charged in the instant case, the mechanical parking operation room installed in the 1st attached parking lot of Seo-gu Daejeon District Office is part of the parking lot facilities, and it cannot be viewed as the use of the attached parking lot. In addition, the judgment of the court below convicting the Defendant of the facts charged in the instant case by misapprehending the legal principles, which affected the conclusion of the judgment. In addition, the above mechanical parking operation room was installed in the parking space of the attached parking lot from the time when the Defendant started work as the building manager of the above Ctel, and accordingly, the Defendant believed it as part of the annexed parking lot facilities and did not have any intention to violate the laws and regulations. However, the judgment below convicting the Defendant of the facts charged in this case
B. The sentence of a fine of KRW 1,500,000 imposed by the lower court is too unreasonable.
2. Determination
A. The purport of Article 19-4(1) of the Parking Lot Act that provides that “No annexed parking lot shall be used for any purpose other than a parking lot” is to prevent damage to the parking function itself of an annexed parking lot by being used for any purpose other than a parking lot, which is scheduled to be provided for the general use by appending to the building.
In addition to the above legal principles, the following circumstances revealed by the evidence duly adopted and examined by the court below, i.e., ① the original design map for an attached parking lot at the time of the construction of the above Ctel was not scheduled to establish a mechanical parking operation room like the facts charged in the instant case, and ② the above mechanical parking operation room was located in the center of the entire annexed parking lot of the 1st underground level, which was not located in front of the mechanical parking system, and was located in the center of the entire annexed parking lot of the entire