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(영문) 인천지방법원 2015.01.14 2014고단7489
도로법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Criminal facts

1. A person who intends to construct, rebuild, alter, or remove a defendant's structure, article, or facility or to occupy and use a road for any other reason shall obtain permission from a road management authority;

Nevertheless, Defendant A, without the permission of the road management authority from May 3, 2014 to August 16, 2014, installed a sales room (2m, 1.5m, 2.4m high) to conduct the business of operating another road and a street store on the front of the building F restaurant in Nam-gu Incheon Metropolitan City.

2. A person who intends to construct, rebuild, alter, or remove a building, object, or facility or to occupy and use a road for any other reason shall obtain permission from a road management authority;

Nevertheless, Defendant B, without the permission of the road management authority from May 3, 2014 to August 16, 2014, installed a sales log (2m, length 1.5m, height 2.4m) to operate sales street business, such as both horses, on the front road of the Nam-gu Incheon Metropolitan City Foreign Exchange Bank.

3. A person who intends to build, rebuild, alter, or remove a structure, article, or facility of a defendant C, or to occupy and use a road for any other reason shall obtain permission from a road management authority;

Nevertheless, Defendant C did not obtain permission from the road management authority, from May 3, 2014 to August 16, 2014, installed a sales volume (2m, 1.5m, 2.4m high) to conduct the business of selling rice tea in front of the Namdong-gu Incheon Metropolitan City H on the first road located in Namdong-gu, Incheon. Defendant C occupied and used the road.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of suspect against J by prosecution;

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to a charge, each field regulation, and photographs of the status of unauthorized installation;

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

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

1. The order of provisional payment;

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