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(영문) 대전지방법원 2020.04.02 2020고정43

주차장법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Notwithstanding the fact that the attached parking lot cannot be used for any purpose other than the parking lot, the Defendant used 24 square meters among the attached parking lots installed in Seo-gu Daejeon from April 2010 to September 9, 2019 as a restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to order voluntary maintenance of a building ledger, facility photograph, and violated building;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 50 million won;

2. Circumstances unfavorable to the Defendant: From the time of construction of the building indicated in the judgment, the Defendant diverted the two pages of the attached parking lot to commercial use, including restaurants, and thereby, obtained additional lease income as much as the leased area for about 10 years.

Circumstances favorable to the defendant: One of the two pages of the exclusive annexed parking lot was restored to the parking lot, and the remaining one was included in the area of the building and the state of illegality was resolved.

In the process, approximately KRW 7.7 million enforcement fine was paid.

The Defendant is an initial offender who has no criminal record.

All of the crimes of this case are recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.