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(영문) 수원지방법원 안양지원 2013.07.03 2013고정89
도로법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

(a) Any person who intends to build, rebuild, alter, or remove structures, articles, or other facilities, or occupy and use roads for other purposes in zones violating the Road Act shall obtain permission from the road management agency;

Nevertheless, during the period of Ansan-si on May 2, 201, the Defendant installed at approximately 20 m32m square meters in the center line of the road in front of the D Elementary School located in the Gu, which is a plastic material, and occupied and used a road of about 32m square meters without obtaining permission from the management agency, by installing a pedestrian breaker composed of about 120 m of the LED trial guide 20m in front of the D Elementary School located in the Gu, and a steel-frame-type structure of “children’s safety walk system” at the front of the above school (50cm thick, about 50m in height, about 5m in height).

(b) No person who violates the Road Traffic Act shall operate signal apparatuses without permission, remove, relocate or damage traffic safety facilities, or install traffic safety facilities or other structures similar thereto on roads;

Nevertheless, the Defendant installed a structure in the shape of the central separation zone and a pedestrian breaker, and installed structures similar to the traffic safety facilities on the road without permission therefor.

2. The Defendant and the defense counsel’s assertion are merely directed a stock company E to the procedures necessary for the establishment of a children’s safe driving system, and is irrelevant to occupation and use and construction of roads.

3. Determination

A. The following facts are acknowledged according to the evidence adopted and examined by the court.

① A stock company E (hereinafter referred to as “E”) who has developed a pedestrian blocking device called “children’s safety pedestrian traffic system” to reduce traffic accidents, contacted the Defendant, who is a member of the Ansan City Council, and explained the purpose of developing the system and the commercialization plan, etc. in order to commercialize the above pedestrian blocking device, and the Defendant was able to assist the Defendant in establishing the system, by

(2) The Defendant shall present this case to a person in charge of affairs relating to public viewing around April 201.

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