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(영문) 의정부지방법원 2017.05.11 2016고정2301

일반교통방해

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On April 4, 2016, from around 12:00 to around 15:00 of the same day, the Defendant parked some of the roads in the two cities, with texers, passenger vehicles, and one ton cargo vehicles, and obstructed the passage of 25 tons of dump trucks, which enter the road to extend to E by blocking D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A criminal investigation report, each field photograph, a certified copy of cadastral map, and a recording record;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The judgment on the issue of the main sentence of Article 186(1) of the Criminal Procedure Act concerning the cost of lawsuit is that the defendant parked the Track and Track, etc. on the ground of the instant land. However, since the land on which the defendant parked a Track, etc. is owned by the defendant and is used as a parking lot, it cannot be deemed as a road for interference with general traffic, and there was no intention to obstruct or interfere with traffic since the defendant parked for a passenger car freely.

The argument is asserted.

On the other hand, the purpose of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by causing damage to or infusing land, etc. or interference with traffic by other means (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995; 2008Do10560, Jan. 30, 2009). Here, the term “land access” refers to the wide range of the passage of land, which is in fact public use for the passage of the general public, and is the ownership relation of the site, the passage of the land, or the passage or the passage of the road.