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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

1. Any person who intends to build, rebuild, alter or remove structures, articles or other facilities, or occupy and use roads for other purposes in a road zone shall obtain permission from the competent road management agency;

Nevertheless, from September 17, 2010 to January 12, 2011, the defendant, the representative of the B organization, occupied and excavated the road site without permission of the government agency on the ground that there is a sign of excavation of the remaining land in the road site from the road site of the 77th main road to the 77th main road of the Korea National Road from September 17, 201.

2. No person shall damage roads or perform an act of harming the structure of roads or traffic without any justifiable reason;

Nevertheless, the defendant excavated the road site without permission as described in paragraph (1) and damaged the road and impeded the traffic.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. Each statement of E, F and G;

1. Written accusation, H’s statement, official document for the restoration to the original state, on-site photographs (2, 5 to 17 pages of investigation records);

1. Two copies of the investigation report (Attachment of site photographs submitted by the complainant), photographic site; and

1. Three copies of the investigation report (in addition, attaching photographs of the scene), and output;

1. The photographic site (a book, 150, 151 pages of investigation records);

1. Cadastral map (152 pages of the investigation record);

1. Current status of the direct operation (153 to 156 pages of investigation records);

1. Application of Acts and subordinate statutes to prosecution investigation reports (public officials in charge and confirmation of road sites);

1. Relevant legal provisions for facts constituting an offense, and Articles 97 subparagraph 3 and 38 (1) of the Road Act (the occupation and use of a road without permission), subparagraph 4 of Article 97 and subparagraph 3 of Article 45 of the Road Act (the occupation and use of a road which causes damage to a road and impede traffic) of the same Act, and the selection of penalties for a fine;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant himself has excavated.