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(영문) 수원지방법원 여주지원 2021.03.23 2020고단1333
산지관리법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving in Drinking) in the support of the Friwon Friju on December 18, 2015.

[Criminal facts]

1. A person who intends to change a violation of the National Land Planning and Utilization Act, the form or quality of land in violation of the Management of Mountainous Districts Act, or to change matters for which permission for development has been obtained shall obtain permission from the competent administrative agency, and a person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest agency, etc. according to the classification

Nevertheless, the Defendant did not obtain permission from the competent authorities for development activities and permission from the head of a forest office, etc., and changed the form and quality of land with a total of 3,817 square meters from September 2019 to March 2020, and converted a preserved mountainous district into a preserved mountainous district.

2. On November 17, 2020, the Defendant driven a FGV80 vehicle under the influence of alcohol concentration of 0.104% from the 2km section from the D’s front road located in C at Friju City to the front road of E in the same city.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol despite the fact that the Defendant violated the prohibition of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, accusation of a report on the circumstances of the driver under the influence of drinking, land register, land register, certified copy of cadastral map, confirmation of plans for utilization of national land, and actual measurement

1. Investigative report (related to blasting work);

1. Previous convictions in judgment: The application of inquiry, investigation report (suspect A's same record as the suspect A) Acts and subordinate statutes;

1. Article 140 subparag. 1 of the pertinent Act and Article 56 subparag. 1 of the National Land Planning and Utilization Act regarding criminal facts, and Articles 56 subparag. 1 and 14(1) of the Mountainous Districts Management Act (the fact of changing the form and quality of land without permission), Articles 53 subparag. 1 and 14(1) of the Mountainous Districts Management Act (the fact of converting a mountainous district without permission), Articles 148-2 subparag. 1 and 44 of the Road Traffic Act.

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