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(영문) 대구지방법원 영덕지원 2016.11.09 2016고정65
도로법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 25, 2016 to August 20, 2016, the Defendant installed a structure for sale of approximately 2 square meters by using a pipe, tent, etc. on the sloping-gun 7 national highway in the vicinity B around the Gyeong-gun Gyeong-gun Gyeong-gun, Chungcheongnam-gun, Gyeong-gun, the Defendant occupied the road without permission by selling sublime to many unspecified persons operating national highways No. 7.

Summary of Evidence

Defendant’s legal statement

Articles 114 subparag. 6 and 61(1) (a) of the Road Act, Article 114 subparag. 7 and Article 75 subparag. 3 (a traffic obstruction) of the Road Act, Articles 40 and 50 of the Criminal Act, the Act on the Preparation of Selective Fines for the Selective Deserting of the Sentence of the Criminal Procedure Act for the Reasons for sentencing of Article 70(1) and Article 69(2) of the Act on the Provisional Payment Order of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., as well as all of the sentencing conditions, shall be determined in consideration of the following circumstances and the reasons for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order of the Defendant’s age, character and behavior, environment, motive 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;

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