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(영문) 대전지방법원 2016.03.03 2015고정1949
도로법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is operating a middle-term household store with the trade name of "C" in Daejeon Jung-gu.

Any person who intends to occupy and use a road shall obtain permission from the agency for road management, and no one shall Stockpiling any obstacle, such as earth and stones, standing timber, etc. on the road or do any other act hindering the structure of the road or the traffic of the road without justifiable grounds.

However, from August 24, 2015 to August 14:30 to August 27, 2015, the Defendant occupied and used a road for sale on the front delivery without obtaining permission from the head of Jung-gu Office, Jung-gu, which is the managing authority of the road, to occupy and use a heavy air conditioning, TV, furniture, etc. for the purpose of sale on the road, and to interfere with the traffic of the users.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the location map and statutes governing violation photographs;

1. Relevant legal provisions of the Act and Articles 114 subparag. 6 and 61(1) of the Act (the occupation and use of roads without permission for occupation and use of roads, the selection of fines), Article 114 subparag. 7 of the Road Act and Article 75 subparag. 2 of the Act on the Representation of Public Prosecutor under Article 75 subparag. 3 of the Road Act concerning criminal facts stated in the applicable Act, but Article 75 subparag. 2 and 3 of the Act are concurrently related to the law;

Based on the judgment, only Article 75 (3) of the Road Act was applied.

(b) Selection of a fine or fine that obstructs road traffic;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The punishment as ordered shall be determined by taking into account the fact that a household has not been accumulated to the extent that it is impossible to pass on the road due to the sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that a household is set up after committing an offense, etc.

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