Defendant shall be punished by a fine of 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

1. Any person who intends to operate a general restaurant in violation of the Food Sanitation Act shall report to the competent authorities;

그럼에도 불구하고 피고인은 관할 관청에 신고하지 아니하고 2016. 11. 29. 경 안산시 단원구 B 지하철 C 역 2번 출구 앞 노상에서 포장마차를 설치하여 조리기구를 갖추고 불특정 다수의 손님들에게 어묵, 떡볶이를 조리, 판매하여 일반 음식점 영업을 하였다.

2. Any person who violates the Road Act shall be prohibited from piling up obstacles on roads or doing any other act impeding the structure of roads or traffic without justifiable grounds;

Nevertheless, the Defendant committed an act that interferes with road traffic by installing a packaging vehicle at the time and place specified in paragraph 1 as above, and doing business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on internal investigation reports and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act (the occupation of unreported restaurant business), Article 114 subparagraph 7 of the Road Act, and Article 75 subparagraph 3 of the Road Act (the occupation of causing traffic congestion) and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;