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(영문) 대구지방법원 의성지원 2019.05.02 2019고정13

도로법위반

Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Any person shall be prohibited from piling up any obstacle on roads or impeding the structure of roads or the traffic without justifiable grounds.

1. From June 2018 to November 29, 2018, Defendant A set up two keyboards, two chairs, etc. on the front road of the “D cafeteria” operated by the Defendant in the Cheongsong-gun C, Cheongsong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, etc.

Accordingly, the defendant, without any justifiable reason, carried out an act of piling up obstacles on roads or impeding road structures and traffic.

2. From October 2018 to November 29, 2018, Defendant B left three roads in front of the “F cafeteria” operated by the Defendant in the Cheongbuk-gun, Chungcheongnam-gun, Cheongbuk-gun, the Defendant left two gas stations.

Accordingly, the defendant, without any justifiable reason, carried out an act of piling up obstacles on roads or impeding road structures and traffic.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a investigation report (limited to attachment of photographs of a H shopping mall control site), investigation report (decision on the management plan of the H shopping mall area and announcement of approval of topographic drawings), investigation report (I road), investigation report (Attachment, such as land cadastre, etc. for H shopping mall road);

1. Article 114 Subparag. 7 of the Road Act and Article 75 Subparag. 2 and 3 of the same Act, and the selection of fines for the Defendants who choose to commit a crime;

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The period and size of the road of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; inconvenience inflicted on road users, including tourists, etc., and prior convictions (eight times a fine) of Defendant B; the purpose of the Road Act to contribute to the improvement of public welfare by allowing citizens to use the road safely and conveniently; and the balance between the legislative purpose of the Road Act to contribute to the improvement of public welfare by allowing citizens to use the road in a safe and convenient manner.