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(영문) 대구지방법원 상주지원 2017.08.22 2016고단564

일반교통방해

Text

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

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

Reasons

Punishment of the crime

1. On November 10, 2016, the Defendant: (a) without good cause, moved a total of approximately 40-50 cm in diameter to the floor of the village access road located in the width of 3 meters in front of Dong-si, Dong-si; (b) the Defendant written the written indictment at approximately 20-30 cm in diameter to the village length of approximately 2.5 meters in diameter adjacent to D in the door-si; (c) however, this is obvious that it is a simple clerical error in the cm on the record, and thus the Defendant’s correction is written;

A total of about 50cm in diameter and 10cm in diameter were moved to the floor, the total of 30-50cm in diameter was moved to the floor of the road of about 2m in front of the E at the time of the gyeong, and the total of 30-50cm in diameter was moved to the floor and obstructed the traffic of many and unspecified persons such as village residents.

2. On November 11, 2016, the Defendant, without any justifiable reason, moved a total of approximately 50cm in diameter to the village access road of approximately 3 meters wide on the door-si Gyeong-si on the floor and moved a total of approximately 50cm in diameter to the floor, and obstructed the traffic of many and unspecified persons such as village residents and vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement prepared by the F;

1. Reporting on the detection of a suspected victim of interference with general traffic;

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 4,5,8,90)

1. Article 185 of the Criminal Act concerning the facts constituting an offense;

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. Although the Defendant had a large number of criminal records for sentencing under Article 334(1) of the Criminal Procedure Act, he/she again committed the instant crime during the period of repeated crime.

The words and actions immediately after the crime are not good.

However, the defendant recognizes and reflects the crime.

The crime of this case seems to have been committed by combining various mental problems experienced by the defendant, the judgment ability due to alcohol, the decline in self-regulation, etc.

The defendant does not obstruct the passage of roads to the extent that it is difficult for him to restore.

Defendant.