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(영문) 대구지방법원 영덕지원 2016.11.30 2016고정69

도로법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall construct, rebuild, alter, or remove a structure, object, or any other facility without permission from a road management authority, or occupy and use a road for any other reason, or perform any act hindering road structure or traffic.

Nevertheless, from July 5, 2016 to August 16, 2016, the Defendant installed a structure for sale of approximately 2 square meters using a pipe, tent, etc. on the grown-do Round, which was located in the ancient Doctrine livestock Doctrine, Gyeong-gun, Young-gun. The Defendant occupied the road without permission by selling sublime to many unspecified persons operating 7 national highways, and committed acts that interfere with road structure and traffic.

Summary of Evidence

Defendant’s legal statement

Article 114 subparagraph 6 of Article 114, Article 61(1) of the Road Act (the occupation and use of roads without a charge), Article 114 subparagraph 7 of the Road Act (the occupation and use of roads), Article 40 and Article 75 subparagraph 3 of the Road Act (the traffic obstruction) of the selective concurrent criminal punishment for the selection of selective fine under Article 40 and Article 50 of the same Act, Article 70(1) and Article 69(2) of the Criminal Procedure Act on the confinement of the Nowon-gu Station, the reason for sentencing under Article 334(1) of the Criminal Procedure Act on the order to provisional payment under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as per the order, in consideration of all the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The confession of crime and the unfavorable circumstances of reflective nature: A history of being fined three times due to the same kind of crime;