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(영문) 인천지방법원 2020.05.22 2020고정189
도로법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person operating a “C” in Michuhol-gu Incheon Metropolitan City B.

A person who intends to construct, rebuild, alter, or remove a structure, object, or facility, or occupy and use a road (including a road zone) due to any other reason shall obtain permission from a road management authority.

Nevertheless, the Defendant, from February 21, 2019 to August 8, 2019, displayed and sold goods such as the “C” on the front report without obtaining permission from the road management authority, and occupied and used the road.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning civil petition management cards and field photographs;

1. Relevant Article 114 subparagraph 6 of the Road Act and Articles 61 (1) of the Act on the Selection of Punishment for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, even before the Defendant committed the same act, thereby recommitting the same history of having been punished as a violation of the Road Act, and even until now, it appears that the state of illegality has not been corrected, and all the factors of sentencing indicated in the argument of the instant case, including the area of the road occupied and used, and the period of occupation and use, etc.,

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