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(영문) 청주지방법원 충주지원 2019.02.20 2018고정195

일반교통방해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. From December 1, 2017 to March 12, 2018, the Defendant: (a) placed approximately one ton of a tree artist at the edge of a general road of the members of the day-to-day B in Chungcheongnam-si; and (b) caused substantial inconvenience to the traffic of the vehicle freely passing through the said area.

2. From March 16, 2018 to June 13, 2018, the Defendant continued to park a chiller owned by the Defendant at the edge of the same road as the above paragraph (1) and obstructed the traffic of the vehicle through which the passage of the vehicle freely passed through the chilling place is remarkably inconvenient.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution against C;

1. Investigation report (related to on-site verification);

1. On-site photographs (the defendant asserts that the road was not completely obstructed, and the passage of a vehicle near the road was possible. However, the general traffic obstruction under Article 185 of the Criminal Act is an offense under the legal interest protected by the law of the general public, and its purpose is to punish all acts making it impossible or considerably difficult to pass by causing damage to or infusing the road, etc., or interfering with the traffic by other means. Even if a certain road is opened as a road for the purpose of farming by a farmer, it is not possible to pass by the road only on the road, but it is possible to pass by the road, and it is also possible to pass by other vehicles, so it constitutes a general traffic obstruction if it obstructs the passage of such vehicle (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 195).