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(영문) 대전지방법원 천안지원 2019.09.24 2019고정261

일반교통방해

Text

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

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

Reasons

Punishment of the crime

Defendant

A is an operator of B.

From August 15, 2018 to August 19, 2018, the Defendant interfered with traffic on the above land, which is a place for public traffic of one of the public, by preventing the complainant from passing through the vehicle related to construction, such as the complainants, by blocking both entrances of the above C and the road of 40 meters in length (hereinafter referred to as “instant road”) from using containers, blocking the gate of both the above C and the road of 6 meters in width and 40 meters in length, on the ground that the complainant constructed a new factory on the immediate side of the factory operated by the Defendant in front of the ASEAN, from August 15, 2018 to August 16, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The defendant and the defense counsel asserts to the effect that even if a container was placed because the width of the road of this case is 6 meters, the passage of this case does not interfere with.

The width of the road of this case seems to be about 6 meters. However, the road of this case is constructed with a fence for construction works, and it seems difficult for construction vehicles with relatively large size of construction vehicles to easily pass through the road except for containers. According to the photographs at the time, there is a vehicle on the side of a container, etc., and it seems difficult for the construction vehicle to enter the space between containers. And D also made a statement to the effect that the Defendant had a container on the road of this case and entered the opposite side of the road of this case that it was significantly difficult for the vehicle to pass through because the vehicle was parked on the opposite side of the road of this case, and the vehicle was parked on the opposite side of the road of this case and parked on the other side of the road of this case. In light of the fact that D also stated to the effect that it was remarkably difficult for the Defendant to pass through because the vehicle was parked on the opposite side of the road of this case and parked on the other side of the road of this case.