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(영문) 서울중앙지방법원 2016.10.12 2016고정1425
도로법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to construct, rebuild, alter, or remove a structure, object, or any other facility, or to occupy and use a road due to any other reason shall obtain permission from a road management authority.

Nevertheless, without obtaining permission from the road management authority, the Defendant does not specify the completion period from October 9, 2015 to September 20, 2016, but added ex officio based on the Defendant’s legal statement.

A road of approximately 4.7 square meters in front of the Ccafeteria in Jung-gu Seoul Metropolitan Government was occupied and used as a restaurant by extending illegal structures.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written accusation;

1. On-site photographs;

1. The reference inquiry report;

1. Application of the relevant Acts and subordinate statutes to each surveying result;

1. Relevant Article 114 subparagraph 6 of the Road Act and Articles 114 and 61 (1) of the Act on the Selection of Punishment for Criminal Facts;

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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