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(영문) 수원지방법원 2018.03.22 2017고정3393
도로법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Any person who intends to build, rebuild, alter or remove structures, things or other facilities or occupy and use roads due to other reasons shall obtain permission from the agency for road management and shall not perform any act impeding the structure of roads or traffic without justifiable grounds.

Nevertheless, the Defendant, from October 11, 2016 to October 11, 2017, installed a provisional board, etc. without obtaining permission from the competent authority in front of the roads B in the eternic City B, and sold an over-day day and sold the road without permission, and at the same time, occupied and used the road without permission and interfere with road traffic.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written statement;

1. - Application of the Acts and subordinate statutes of field photographs and business trips.

1. Subparagraph 6 of Article 114 of the Road Act, Article 61 (1) (unauthorized occupation and use of a road), Article 114 subparagraph 7 of the Road Act, and subparagraph 3 of Article 75 of the same Act concerning facts constituting an offense (a point causing hindrance to road traffic) of the relevant Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who commits a crime of violating the Act concerning a road which obstructs heavy traffic);

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that sentencing under Article 334(1) of the Criminal Procedure Act is a long-term period for the instant crime, the Defendant’s position revealed in relation to the instant crime (the Defendant has stated to the effect that he/she has to continue to work on his/her old position), and equity with the same and similar cases, even if the Defendant’s age, family relationship, sex behavior, environment, motive for the crime, etc. are considered, the punishment stipulated in the summary order is more severe.

It does not appear.

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