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(영문) 인천지방법원 부천지원 2018.03.08 2018고정85
주차장법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the second-story C Saccina (8th floor for the entire building, and 700 square meters for the area of the second-story floor owned by the Defendant) of the underground floor of the 2nd floor of the Yacheon-gu B building in Bupyeong-si.

Since the above B building constitutes a facility that causes parking demand as the concentration of stores is concentrated, it is constructed with 512,74 square meters (number of parking lots 19), 1640.115 square meters (number of parking lots 64), and 1,190.19 square meters (number of parking lots 39 square meters) of the attached parking lot 1st, the attached parking lot has to maintain its original function.

Nevertheless, from around 2003, the Defendant taken over the above-mentioned C Ba, and took over the above-mentioned 4th underground parking space (number 4 to 5 large parking spaces) of the above-mentioned 4th underground parking space, and used the attached parking lot for the purpose other than the parking lot by using the above 4th underground parking space by using the above 4th underground parking space in a way that the above boiler tank was installed without cutting the above boiler tank to the present time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A ground plan of an underground fourth-rise parking lot and a certificate for all registered matters;

1. Photographs of the place of violation;

1. A copy of a parking lot management card, a copy of C private letter or monthly agreement, and a copy of a receipt for payment of KRW 5 million for a portion agreed upon in the first parking lot (the defendant is the defendant that the boiler water tank equipment accounts for one-half of the parking space;

However, according to the police statement protocol of D, the non-violationd place photograph, and the ground plan of the 4th underground parking lot of the above boiler, it can be recognized that the above boiler tank equipment accounts for 4 to 5th place of parking space, the above argument is without merit.

Application of Statutes

1. Article 29 of the relevant Act and Articles 29 (1) 2 and 19-4 (1) of the Selective Parking Lot Act concerning criminal facts, and selection of fines;

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

1. The defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act is the same.

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