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

2. Where the defendant does not pay the above fine.

Punishment of the crime

1. The Defendant violating the Food Sanitation Act is a person who operates a general restaurant in the name of “C” in Gwangju Mine-gu B.

A general restaurant operator shall report to the head of the competent Gu, etc. when he/she intends to change important matters prescribed by Presidential Decree, such as the area of business, among reported matters.

Nevertheless, around 19:00 on May 28, 2016, the Defendant, at around 19:00, operated a general restaurant without filing a report on the change by installing 4 plastic consignment and 16 plastic chairs in the five-dimensional area prior to the above restaurant, which is the head of the place of business other than the area reported by the above restaurant.

2. Any person who intends to build, rebuild, alter, or remove any structure, object or other facilities in violation of the Road Act, or occupy and use any road for other reasons shall obtain permission from the office of road management.

Nevertheless, the Defendant occupied and used a road from May 25, 2016 to May 28, 2016 without permission from the road management office.

Summary of Evidence

1. Partial statement of the defendant;

1. A letter of the person D;

1. Application of Acts and subordinate statutes to reports on occurrence, sales receipts, internal investigation reports (on-site photographs), certificates of business reports, and internal investigation reports (on-site operators);

1. Relevant legal provisions of the relevant criminal facts, subparagraph 1 of Article 97 of the Food Sanitation Act, Article 37 (4) of the Food Sanitation Act (the point of modification of important business matters not reported), Article 114 subparagraph 6 of the Road Act, and Article 61 (1) of the Act (the point of occupation and use of unauthorized roads) concerning the selection of fines, and the selection of fines;

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;