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(영문) 청주지방법원 2019.01.31 2018고정537

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

On January 17, 2018, the Defendant: (a) around 17, 2018, at the front side of the C farm located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, parked Bosch Rexroth on a road set with a view to obstructing the passage of lanes; and (b) obstructed the traffic of roads used for the traffic of the general public by setting up obstacles on the cream.

Summary of Evidence

1. D's legal statement;

1. Statement to E by the police;

1. Traffic obstruction photographs, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (related to criminal facts);

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning the crime;

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

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

1. Determination on the assertion of Article 186(1) of the Criminal Procedure Act that bears litigation costs

1. The argument ① The place of the ruling is not the existing three-meter fake road that was first opened around October 2009 for the purpose of connecting to the public service, but the length of E, around September 2015, requesting the Defendant to extend the road by additional 2 meters for the convenience of the passage of the restaurant customers.

Therefore, in addition to the existing three-meter fake road, the place of the ruling is merely an implied place on the part of the defendant's side of the defendant, and it does not constitute "landway" which is the object of the traffic obstruction.

(2) The time period during which the defendant has installed agricultural machinery, such as blackers, was from the time of the start to the time of the next day until the time of the stop. Since the time when the defendant does not interfere with the passage of the vehicle, such as the customers of the restaurant, which is the complainant, or the restaurant business, it does not interfere with the traffic.

③ As a result of checking the scene by the police upon the report of E, etc., the police did not interfere with traffic since the patrol car did not directly pass and return to the scene.

2. The term "landway" means a crime of interference with general traffic by the relevant law, the legal interest of which is the protection of the safety of the general public's traffic, refers to the land passage which is actually common to the traffic of the general public, and the site is the site.