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(영문) 서울동부지방법원 2020.06.23 2020고정367
주차장법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of a building with five floors above the ground area of 198.3 square meters in Gwangjin-gu Seoul Special Metropolitan City and the total floor area of 424.74 square meters.

No one shall use an attached parking lot of a building for any purpose other than a parking lot.

Nevertheless, from September 5, 2012 to March 2, 2020, the Defendant used two pages (23m2) out of 6 m2 in the indoor self-owned shares attached to the instant 1st floor of the building as retail stores, etc. for the use other than the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to an investigation report (Question by Gwangjin-gu Office related to Parking Lot);

1. Article 29 (1) 2 of the Parking Lot Act and Articles 19-4 (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 reason for sentencing of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order seems to have purchased the altered building rather than the alteration of an attached parking lot.

Although the Gwangjin-gu Office received a corrective order from the lessee, it seems that the lessee was unable to restore to its original state due to the lessee's non- cooperation, and it is a state of consultation with the lessee to restore to its original state around July 2020.

The defendant is aged 71 years of age, and there is no record of crime except for the past history of fines.

It has contributed to the public interest by receiving official commendation as persons entitled to veterans benefits and performing volunteer activities for local communities.

The mistake is recognized and is in profoundly against it.

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