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(영문) 창원지방법원 마산지원 2018.08.16 2018고정101
도로법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

Any person who intends to build, rebuild, alter, or remove structures, things or other facilities, or occupy and use roads due to other reasons shall obtain permission from the road management agency.

The Defendant, a road management office of the Busan Regional Land Management Office, did not obtain permission, and buried approximately 220.5 square meters from September 26, 2014 to April 28, 2017, as the road ditches, for the purpose of parking lots for unspecified customers who enter the building owned by the Defendant in the neighboring area, and used approximately 198 square meters for the purpose of parking lots for the sake of unspecified customers who enter the building owned by the Defendant. From June 2016 to April 28, 2017, the Defendant packaged approximately 198 square meters of the road D, which is a national Do, as a container.

Accordingly, the defendant occupied and used a road without permission to occupy and use the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation issued by the director of the office for national land management;

1. Application of the provisions of Acts and subordinate statutes to a public announcement, such as a location map and on-site photograph, a public announcement verifying the completion of road occupation and use works, a site map, structure and packing unit plan, a land map, a permit for occupation and use of each road (A, joint use), a permit for occupation and use of each road, a permit for occupation and use of each road (a modified - joint use), a permit for occupation and use of a road (a modified -), an application for change to permission for occupation and use of a

1. Article 114 subparagraph 6 of the Road Act and Article 61 (1) of the Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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;

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