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(영문) 춘천지방법원강릉지원 2020.11.12 2020고정158

일반교통방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 6, 2020, from around 12:40 to 14:45, the Defendant: (a) brought a lawsuit against himself at a village with concrete road of 3 meters in front of B’s house width; and (b) obstructed traffic by placing the water surface of the road on the road along the road, putting it on the road, covering the stone plate on the road, and attaching it on the road, and making it difficult for the Defendant to pass the vehicles and people operating on the road.

2. On March 6, 2020, from around 12:55 to 15:32, the Defendant obstructed the traffic of vehicles and people running on the said road by putting a concrete road of 3 meters in front of D’s house width, which is located in C, on the two sides of the road, at the end of March 6, 2020, by putting a string-up support unit on both sides of the road, and attaching it to “a network for the prevention of defluence,” and making it difficult for the Defendant to pass by the vehicles and people operating on the said road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. On-site photographs;

1. A report on internal investigation (the confirmation of hours during which a suspected person A prevents a road);

1. A report on internal investigation (related to the removal of a network with which a road was obstructed);

1. Application of Acts and subordinate statutes to report on investigation (verification, such as site photographs and distance between sections, etc. of a suspect preventing roads);

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s first offender who had no record of committing any crime before the instant case; and (b) the Defendant’s age, character and conduct, environment, circumstances of the crime, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of the instant case including the Defendant’s age, character and conduct, circumstances after the crime, etc., the sentence