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
Anyone who intends to construct, rebuild, alter, or remove a structure, object, or any other facility or to occupy and use a road by any other reason shall obtain permission from a road management authority and shall not interfere with the structure or traffic of the road without justifiable grounds.
Nevertheless, from September 21, 2017 to October 2, 2018, the Defendant occupied and used a road without any justifiable reason by piling up six fingers of plastic bags, which sell the dys of vinyl bamboo, etc., without obtaining permission to occupy and use a road on the road on the road in the Hanju-si from around September 21, 2017 to around October 2, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation;
1. Voluntary statement;
1. Application of statutes on site photographs;
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 cases where traffic on roads is impeded) of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment provided for in a violation of the Road Act which obstructs a road traffic heavier than the nature of the crime);
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the sentencing reasons of Article 334(1) of the Criminal Procedure Act, the period of occupation and use of the instant unauthorized period is relatively long-term, the Defendant was sentenced to a suspended sentence, a fine of KRW 250,000,000 for the same kind of crime, and the equity with the same similar case, etc., even though the Defendant was in a situation that is economically difficult, it does not seem that the punishment prescribed in the summary order is more serious considering the Defendant’s age, family relationship, character and conduct, environment, and motive for committing a crime, etc. that is favorable to the Defendant.