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(영문) 대전지방법원 천안지원 2016.05.12 2015고정1073

일반교통방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant transfers all relevant matters, such as authorization and permission related to the permission for collection of earth and stones and the stone development project, to the Aju Industrial Complex Development Bank, and enters into a tin agreement, and is in transactions.

1. On July 5, 2015, the Defendant: (a) obstructed the passage of vehicles, such as dump truck, which entered the Aju Industry Development Bank Co., Ltd., and entered a dump truck (DX300LCA) with a large width of approximately five meters and approximately one point five meters in depth, by using a dump truck (DX300LCA) owned by the Defendant to E, who is an employee of the Aju Industry Co., Ltd., the representative of which is located in the Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City, in order to prevent the flow of dump truck, which is generated from the Aju Industry Co., Ltd.; and (b) interfered with the passage of a vehicle, such as a dump truck, which entered the Aju Industry Development Bank.

2. Since then, in the case of the A-State Industry Bank, the said No.S. Bank was to temporarily restore the said No.S. and to report its business.

On July 14:30 on July 7, 2015, the Defendant continued to set up a different dump truck (F) on the side of the dump truck installed at the above place, and obstructed the passage of vehicles, such as dump trucks, by September 21, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A description of a copy of a contract for acquisition of assets;

1. Application of each of the video Acts and subordinate statutes to each photographic and field map;

1. Relevant provisions of the Criminal Act and Article 185 of the Criminal Act concerning the crime (the point of obstructing general traffic and the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (i) The roads indicated in the facts charged do not constitute interference with general traffic because they are not places where the general public passes, and (ii) the part of the roads where the Defendant was installed with a digging range, which is part of the roads where it is possible for the residents to pass dailyly with the remaining part of the roads, and passing through thewest, which is another road.