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(영문) 울산지방법원 2021.03.12 2020고정868
도로법위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Road Act shall destroy any road without justifiable grounds;

Nevertheless, on April 20, 2020, the Defendant destroyed a road by installing a retaining wall 51 lines of high-speed national highways 551 degrees 15-9, Yansan-si, Yansan-si, Yansan-si, Yangsan-si (Central Highway Branch line) with a retaining wall to prevent the falling of a national highway 15-9, on the ground that it is difficult to pass.

2. No person who violates the Act on Property of State shall use or benefit from State property in compliance with the procedures and methods prescribed by the Act on State property;

Nevertheless, the Defendant used the road, which is an administrative property for state-owned land, without permission, as stated in paragraph (1) above, at the time, place, and without permission, as stated in paragraph (1) above, as an access road which is an administrative property for state-owned land, by building a retaining wall on an expressway and installing a concrete structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Site for photograph;

1. Relevant cadastral map;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements by confirmation B), investigation report (to submit data 15-9 p.m. tin, tin, tin, p.m. 15-9, tin);

1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 7 of Article 114 of the Act, Article 75 subparagraph 1 of the Act (a point of destruction of a road), Article 82, Article 7 (1) of the State Property Act (a point of use of State-owned property without permission), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is only the history that the defendant has been punished by a fine for a long time, and the fact that a part of the original state has been restored is favorable circumstances, or the scope of the road that has been used is considerable.

In addition, the punishment shall be determined as ordered by taking into account the following circumstances, such as the motive and consequence of the crime, the circumstances after the crime, etc. and the conditions for the punishment as shown in the pleading.

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