A. misunderstanding of facts and misunderstanding of legal principles are the roads in Pakistan-si, the father of the Defendant’s father-D (hereinafter “instant roads”). This is a land owned by the Defendant’s husband-D, and it cannot be deemed that only the operators of quarrying are public land on the ground that the instant roads are currently used as roads installed without the owner’s permission, which were installed without permission.

In addition, since vehicles that carry quarries are allowed to prevent them from passing through the roads of this case due to noise and dust caused by death and environmental pollution on the wind of passing through the roads of this case, and therefore, the defendant cannot be punished for committing a crime of interference with general traffic, or for falling under at least a justifiable act.

Nevertheless, on a different premise, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. In consideration of various circumstances on the Defendant’s grounds of unfair sentencing, the lower court’s punishment (two million won of fine) is too heavy.

2. Determination

A. (1) As to the assertion of misunderstanding of facts and misapprehension of legal principles, the lower court’s determination is in full view of the following circumstances acknowledged by the evidence of the present case: (a) the “road” refers to a place used for the traffic of the general public, namely, a place where many and unspecified persons or vehicles and horses are not allowed to freely pass through; (b) the ownership of the site, traffic rights, or a large number of traffic visitors, etc.; and (c) the road in this case is connected with a asphalt package and is connected with other passage; and (d) the village residents having formed a farming house are also using the road in this case; and (e) the route adjacent to the road in this case is a non- packing route that causes inconvenience for ordinary vehicles to pass.