일반교통방해
The defendant shall be innocent.
1. The summary of the facts charged was around 18:05 on August 8, 2014, the Defendant: (a) at the forest-based crosswalk in front of the Gangwon-gun, Gangwon-gun, D, the lessor demanded that the store be unfolded; and (b) at the “D” in the operation of the Defendant, the lessor brought about a aluminium-related director bridge; (c) set up on the road at the middle of the road; and (d) set up the clothes on the road; and (e) set up a brub and 1 liter with the fluter and prevented vehicles from proceeding normally.
Accordingly, the defendant interfered with the traffic of the land.
2. The purpose of Article 185 of the Criminal Act to punish the general traffic obstruction under Article 185 of the Criminal Act is to damage or infusing land, road, etc. or to obstruct traffic by other means and thereby making it impossible or remarkably difficult for the general public to pass through.
(See Supreme Court Decision 2009Do4266 Decided July 9, 2009, etc.). In full view of the following circumstances acknowledged by the evidence duly adopted and examined in this Court, namely, the location where the Defendant was to build a bridge and to attach it is adjacent to the center line of the round-down secondary road. The above road is wider than the width of the roadway to the extent that traffic is possible even when the vehicle parked at the edge of the roadway, and the Defendant stated that the above act is about 30 minutes and 4 minutes, and even according to the investigative agency’s opinion, it is merely 15 minutes (written arrest) and the Defendant’s act causes temporary inconvenience in traffic, but it appears that it is possible to damage the passage of the bridge by interfering with traffic (on-site photographs). In this case, it is difficult to deem that there is no reasonable doubt to prove that the Defendant, without any reasonable doubt, was making it impossible or considerably difficult to pass through the road.
3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the latter part of Article 325 of the Criminal Procedure Act.