Defendant shall be punished by a fine of KRW 2,000,000.

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

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, the Defendant, without obtaining permission from the road management authority in 2018, installed a bridge (250 cm in width, 180 cm in height, 4 cm in length) and a resting room made of vinyl and agricultural materials (7 mm in floor area) on the B of Gyeong-gun, Gyeongcheon-gun, a road, which is a road, and occupied a road.

Summary of Evidence

1. Written statement of the defendant in court;

1. Accusation, location map, on-site photograph, notification of the results of measures taken by a person who violates the Road Act, investigation report (the fact that the violation area of this Act is a road) [the defendant is only the one installed in a roadside rest area, and thus does not occupy and use the road. The Road Act provides that the person who occupies and uses the road including the road zone shall obtain permission from the road management authority (Article 61(1)]; and is punished by the person who violates the above provisions (Article 114 Subparag. 6). Meanwhile, the road zone means a group of land constituting the road, as determined pursuant to Article 25 of the Road Act. On the other hand, the road management authority may determine the road zone, determine the road zone, make the road zone available for public inspection (Article 25). In addition, the road management authority may install the appurtenances and facilities for public purposes, which are the road zone, to the extent that it does not undermine the usefulness of the road in the road zone (Article 30. According to the records of this case, the defendant is an occupancy and use of the road zone, which is clearly installed.