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(영문) 대구지방법원 영덕지원 2015.12.18 2015고정85
도로법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall construct, rebuild, alter, or remove a structure, object, or any other facility without permission from a road management authority, or occupy and use a road for any other reason, or perform any act hindering road structure or traffic.

Nevertheless, from July 20, 2015 to October 3, 2010 of the same year, the Defendant installed a structure for sale of approximately 3 square meters by using a pipe, tent, etc. on the roadside roadside roadside road site in front of the Djujudo Office in Young-gun, Chungcheongnam-gun, Chungcheongnam-do from around July 20, 2015, and occupied and used a road without permission by selling clothes to many unspecified persons operating the E-do, and committed an act impeding road structure and traffic.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police statement concerning F attached to the investigation report (a copy of the statement of accusation attached thereto) or a copy of the written accusation against an offender in violation of the Road Act;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (specific identification of a suspect);

1. Subparagraph 6 of Article 114 of the Road Act, Article 61 (1) of the same Act concerning facts constituting an offense, and Subparagraph 7 of Article 114 and subparagraph 3 of Article 75 of the Road Act (referring to acts impeding road traffic);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a sentence (the punishment provided for in the Road Traffic Act due to the occupation and use of a road with heavier conditions, shall be imposed, but the selection of fines shall be imposed);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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