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(영문) 서울중앙지방법원 2016.10.20 2016노3000

일반교통방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error or misapprehension of the legal principle) is merely that the defendant participated in the assembly held at the time and obstructed the road already, and did not conspired with all participants in the assembly, and did not commit any direct act that may cause traffic obstruction. The court below erred by misapprehending the legal principles as to traffic obstruction, which led to the error of finding the defendant guilty of violating the facts charged in the instant case where the defendant conspired with the participants in the assembly and interfered with traffic on the land.

2. The purpose of general traffic obstruction is to punish all acts making it impossible or considerably difficult to pass by causing damage to land, etc. or interference with traffic by other means, and the so-called abstract dangerous crimes where traffic is impossible or considerably difficult, and the result of traffic obstruction does not necessarily require actual occurrence of traffic obstruction.

(See Supreme Court Decision 2004Do7545 Decided October 28, 2005). The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below are acknowledged: (i) the defendant was driving ahead of the lane of Jongno-gu Seoul (Seoul) with the participants in the assembly at around 17:03 on the day of the instant charges; and (ii) the defendant continuously participated in the “National Workers Competition” held at the time, and stated that the defendant continued to participate in the proceeding after the passage; (iii) the above parallel was proceeding while the eight lanes were turned back, making it impossible to pass the vehicle due to the fact that the police was remarkably deviating from the scope of the initial report; and (iii) the police was requesting the termination declaration and voluntary dispersion while warninging the use of the water at the time of the initial report; and (iv) the police was prevented from driving the same.