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

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

Punishment of the crime

1. Any person who intends to build, rebuild, alter, or remove any structure, object, or other facility in violation of the Road Act, or occupy and use a road for any other reason shall obtain permission from the head of the road management agency;

Nevertheless, the Defendant did not obtain permission from the road management agency to December 27, 2017, installed a street store accommodation of the size of 9.50 cubic meters (3.8m*2.5m*1.8m) from the road located in the roads located in the G in the Gesung City from around 2013 to December 27, 2017, and occupied the road by running a resting restaurant business at that place.

2. Any person who intends to engage in food entertainment business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu having jurisdiction over a branch office of the Special Self-Governing Province;

그럼에도 불구하고 피고인은 1 항 기재 일시, 장소에서 관할 관청에 신고하지 아니하고 조리대, 가스렌지 등 조리시설을 갖추고 그곳을 찾는 불특정 다수의 손님들에게 떡볶이, 튀김, 어묵 등을 조리 ㆍ 판매하여 휴게 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement by a public official in the sex;

1. Application of statutes on site photographs;

1. Relevant Article 114 subparagraph 6 of the Act, Article 61 (1) of the Act (unauthorized occupation and use of an unauthorized road), Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) (unreported restaurant business) of the Food Sanitation Act, and the selection of fines for each crime;

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;