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(영문) 서울중앙지방법원 2017.12.12 2017고정2477
도로법위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who is a defendant may occupy and use a road without permission to occupy and use the road;

Nevertheless, the Defendant did not obtain permission to occupy and use roads from the Seocho-gu Office from June 2014 to May 2016, the Defendant: (a) had the lessee operating the “E” as the access road of the vehicle, which is front of the building owned by the Defendant in Seocho-gu Seoul Metropolitan Government, use the front of the building owned by the Defendant from June 2014 to May 2016.

2. Defendant B

(a) No person who violates the National Land Planning and Utilization Act shall construct or install any building or other facilities, or alter the purpose thereof, in violation of restrictions on the use, type, size, etc. of the building or other facilities in an area or district for use;

Nevertheless, around March 2016, the Defendant installed outdoor business facilities using a tent and pole in front of the “H Mart” operated by the Defendant in Seocho-gu Seoul Metropolitan Government.

(b) No person who violates the Parking Lot Act shall use an attached parking lot for any purpose other than a parking lot;

Nevertheless, around April 2016, the Defendant: (a) stored business goods in the H Mart operated by the Defendant in Seocho-gu Seoul Metropolitan Government; (b) stored business goods in the parking lot attached to the building located in that place; and (c) used goods as the storage place.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made to I by the police;

1. Each report on investigation;

1. Civil petition response, demand for recovery related to unauthorized occupancy of a road, notice of decision on disclosure of information, each photograph, access by vehicle to know about non-processing of permission to occupy and use a road, notice of revocation of permission to occupy and use a road and notification of construction works for restoration to the original state, report on the result of administrative vicarious execution of unauthorized vehicle access facilities, request for cooperation in each investigation, construction and response by the Seocho-gu Office, construction and response of the Seocho-gu Office, construction and management of the Seocho-gu Office, dwelling improvement and response by the Seocho-gu Office, green

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Road Act.

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