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(영문) 춘천지방법원 강릉지원 2018.11.02 2018고정94
도로법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Any person who intends to construct buildings, install structures, change the form and quality of land, gather rocks, divide land, store articles in a road zone shall obtain permission from the competent authorities.

Nevertheless, on April 7, 2017, the Defendant, without obtaining permission from the head of the original local land management office, installed and occupied a tent in the road zone B around Samg-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. The written accusation and a supplementary written opinion on accusation;

1. Public announcement doors of the determination of road zone, the water location map and site map of the target site, the entire certificate of registered matters (B) and the application of related Acts and subordinate statutes;

1. Article 114 subparagraph 1 of the Road Act and Article 27 (1) of the Act concerning facts constituting an offense;

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. Summary of the assertion

A. The disposition that determined B’s land (hereinafter “instant land”) as a road zone at three-dimensional cities is null and void.

There is no completion of road construction works for the expiration of the project implementation period, and there is no fact that the extension announcement was made, so it cannot be seen as a road zone.

B. The defendant was installed

It is nothing more than a structure that combines a tent of wood.

2. Determination

A. According to the facts found, the following facts are recognized.

1) Pursuant to Article 25 of the former Road Act (amended by Act No. 8852 of Feb. 29, 2008), the head of the original local land management office issued a public notice of the determination of a road zone (amended by Act No. 2007-79) as follows (hereinafter “instant disposition”). 1. On July 1, 200, the original general national road “38 lines “38 lines” of the main national road for the alteration of the reason for the determination of a road zone (amended by Act No. 8852 of Feb. 29, 2007) and “38 lines” of the main national road for the alteration of the ground for the determination of the road zone (amended by Act No. 2007-79 of Feb. 29, 2008).

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