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(영문) 대구지방법원 2020.09.25 2020고정687
도로법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A person who intends to occupy and use a road shall obtain permission from the road management authority, and no one shall interfere with the traffic of the road, but the defendant, without the above permission, occupied and used approximately 2-3 meters from October 2019 to December 4 of the same year on every main demand, 11:00 to around 19:30 on every day from October 2019 to around December 4 of the same year, and operated a street store in which he sells a variety of goods at that place, thereby hindering the traffic of the road.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, accusation against an occupant of the site on the road, location map, and field photograph, and a copy of receipt report (in the case of hearing statements by the accused's agent on the excursion ship), shall apply;

1. Subparagraph 6 of Article 114 of the Road Act and Article 61 (1) of the same Act (generally, the occupation and use of a road, the selection of fines), subparagraph 7 of Article 114 of the Road Act, and Article 75 of the same Act concerning facts constituting an offense (generally, the occupation of obstacles to road traffic, the selection of fines);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

(Reduction of fines in consideration of the fact that the defendant has no same power and the economic situation of the defendant)

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