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(영문) 부산지방법원 2016.08.16 2016고정2037
주차장법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of the "C Building," which is an exclusive parking building located in Busan House B.

Where the part of an exclusive parking building used for any purpose other than a parking lot is neighboring living facilities, etc., the ratio of the part used as a parking lot shall be at least 70%.

Nevertheless, from December 16, 2015 to April 5, 2016, the Defendant used only 467.97 square meters in a parking lot and used the remaining 2,276.83 square meters in the remaining 2,76.83 square meters in a 2,744.8 square meters in total of 3,907.72 square meters in a building.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Building ledgers and building status maps;

1. Application of statutes on site photographs;

1. Article 29 of the relevant Act and Articles 29 (1) 2 and 19-4 (1) of the Selective Parking Lot Act concerning criminal facts, and selection of fines;

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

1. Although the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s wife had been sentenced to a fine several times for the same reason at the same place, considering the fact that the Defendant led to the confession of and reflect against the crime, and that the instant building has damaged social welfare business, the punishment as ordered in the Disposition shall be determined.

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