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(영문) 수원지방법원 성남지원 2019.11.27 2019고정970
도로법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

B A limited liability company (hereinafter “Defendant Company”) is a corporation established for the purpose of agricultural products distribution, etc., and Defendant A is a representative director of the above corporation, who operates the above corporation.

1. No person who intends to stockpile obstacles on a road or to impede the traffic of the road without justifiable grounds, and no person who intends to occupy and use a road shall obtain permission from the competent road management authority;

Nevertheless, the Defendant did not obtain permission from the road management authority to occupy and use the roads front of the building C in Seongbuk-gu, Sungnam-si, with the permission from the road management authority. From June 20, 2017 to August 6, 2019, the Defendant stored the obstacles, such as the product shop, string, and strawing, thereby hindering road traffic.

2. The Defendant Company committed the act of violating A, the representative of the Defendant Company, as described in paragraph (1) above, at the time, and at the place specified in paragraph (1) above.

Summary of Evidence

1. Defendants’ legal statement

1. Application of accusation, statement of public official, on-site photographs-related Acts and subordinate statutes;

1. Defendant A: Article 114 subparag. 6 of the Road Act, Article 61(1) of the Road Act, Article 114 subparag. 7 of the Road Act, and Article 75 subparag. 3 of the Road Act (the same shall apply mutatis mutandis to any violation of road traffic): Article 116, Article 114 subparag. 6 of the Road Act, Article 61(1) of the Road Act, Article 116, Article 114 subparag. 7 of the Road Act, and subparagraph 3 of Article 75 of the Road Act (the same shall apply to any violation of road traffic).

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Fine.

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act is a relatively long-term period of occupation and use without permission of the instant case, equity with the same similar case, etc. However, although Defendant A was subject to a fine for negligence several times due to a violation of the Road Act, criminal punishment was imposed on Defendant A.

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