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(영문) 청주지방법원 2013.08.22 2013고정252

일반교통방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant: (a) was a music employee; (b) was established at the edge of a road to prevent the passage of a construction vehicle on the ground that the victim D entered the access road located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, without obtaining the consent of the use of the road; and (c) obstructed the traffic of the road by land, by preventing the passage of the construction vehicle from entering the construction vehicle.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Each police statement made to D, F, G, and E;

1. A certified copy of cadastral map;

1. Reporting on the construction permit;

1. Photographs explanation;

1. Application of Acts and subordinate statutes concerning private contracts and construction status under the jurisdiction of the main office, 2004;

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Judgment on the assertion of private road

A. The asserted Defendant has been permanently leased the above access road and used as a private road that enters the Defendant’s own house, and the above access road is not a common land for the traffic of the general public.

B. The purpose of Article 185 of the Criminal Act is to punish all acts that cause damage to, damage to, or disturbance of traffic by land, etc. or interfere with traffic by other means, and thus make it impossible or considerably difficult to pass through by, the crime of interference with general traffic under Article 185 of the Criminal Act is to protect the safety of the general public. Here, the term "land passage" refers to land passage that is actually common to the traffic of the general public, and it does not include ownership relation of the site, traffic rights relation, or heavy and sound of traffic users.

On the other hand, the road was set up as a farm road for the passage of the chill for farming by the farm.

Even if the road is actually a public road for the traffic of the general public, it is possible to pass only through a road, such as a horse or horse.