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(영문) 대구지방법원 2018.09.13 2018고단2981
도로법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to build, rebuild, alter or remove structures, articles or other facilities, or occupy and use roads due to other reasons shall obtain permission from a road management agency and shall not interfere with the structure or traffic of roads without justifiable grounds.

Nevertheless, without obtaining permission to occupy and use a road, the Defendant: (a) placed the coordinates that sell fruits, fireworks, etc. to the front India located in Daegu Dong-gu B from May 17, 2018 to June 26, 2018; (b) occupied and used a road without justifiable grounds; (c) occupied and used the road without permission; and (d) engaged in any conduct impeding road structure and traffic without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the site of accusation, receipt of a written accusation, and on-site photograph;

1. Subparagraph 7 of Article 114 of the Act, subparagraph 3 of Article 75 of the same Act (the occupation of a violation of prohibited acts concerning roads), subparagraph 6 of Article 114 and Article 61 (1) of the same Act (the occupation of a road without permission to occupy and use the road) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. In that a person continuously commits a violation of the Road Act even though he/she has been punished as a violation of the Road Act several times for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse, the responsibility for such violation is not easy.

However, the defendant's age, sexual behavior, environment, conditions before and after the crime shall be determined as ordered by taking into account the fact that the crime of this case was committed as a means of living and it is difficult to economic circumstances.

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