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(영문) 서울서부지방법원 2016.06.16 2016고정491
도로법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From December 3, 2014 to April 10, 2015, the Defendant violated the Road Act occupied and used a road by operating a packing horse in the form of a structure of a large-scale fixed-type tent (area 45.9 square meters) with all of the restaurant collection equipment, such as cooking facilities, tablers and chairs, water purifiers, air conditioners, and air conditioners, at the roads (C) adjacent to the public parking lot No. 1 in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul, without permission from the Gu office having jurisdiction over the road.

2. 식품 위생법위반 피고인은 관할 구청에 일반 음식점 영업신고를 하지 아니하고 제 1 항 기재 일시 및 장소에서 떡볶이, 닭 발 등을 판매하는 일반 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of accusation (including attachment photographs);

1. Relevant Article 114 subparagraph 6 of the Act, Article 61 (1) of the Act (unauthorized occupation and use of an unauthorized road), subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act (a place of business of an unreported general restaurant business), 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to remove the packaging horse of this case, which was installed adjacent to the public parking lot by actively cooperating with the defendant around June 3, 2016 at the request of the head of Yongsan-gu office to remove the packing horse of this case. In particular, the construction and management of the Yongsan-gu Office and the person in charge of the construction and management of the construction of the Yongsan-gu office submitted a photograph to confirm the removal of the packaging horse, and the defendant's prior location is being expressed. The crime of this case is a type of crime for livelihood, and there are other circumstances that can be taken into account the defendant's age, sexual behavior, environment, etc.

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