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(영문) 창원지방법원 통영지원 2019.10.14 2019고정127

일반교통방해

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

On August 17, 2015, the Defendant stated that the charges of the charge of the charge of the 3m width of 5cm (hereinafter referred to as “instant passage”) on the land B B B B B B B B B B B B B B B B B B B B B B B, and the width of 3m on the road D B B B B, are on the site C, but recognizes the change ex officio. Of them, the Defendant interfered with traffic by installing four posts at a height of approximately 1m and diameter of 5cm.

[In accordance with the evidence duly adopted and examined by this court, it is reasonable to regard the passage route of this case as a public place with public nature, which has been provided for the passage of many and unspecified persons for a long time, with an integral part of other meritorious services and vehicles. The defendant and the defense counsel’s assertion disputing this issue is not accepted. ① The defendant and the defense counsel’s assertion regarding access to the site of this case are as follows: (a) the access to the site of this case requires D road and its connected meritorious services; and (b) the access road of this case has reached the present point after being packed for a long time. ② The passage route of this case is a passage opened on the above meritorious services and packaging, with the parts installed on the D road and the part installed on the C site of this case. The passage route of this case is divided into the packaging and the remaining parts (the trees and trees separated from the house and the opposite trees are separated from the packaging and boundary.

③ The above packaging leads to G roads through the passage of the instant road through the respective parts of the E site and the F Cemetery.

④ There is no passage between H’s site, F’s cemetery, I’s site, J stock farm site, and K’s cemetery and meritorious service, beyond the passage of this case.

(5) A person who has long been residing on the H site has long been residing.

I Site and J farm site have been used for a long time as a stable, and L has been purchased on June 18, 2015 and is newly built and resided in a single house.

L is also using the passage route of this case by adults.

참조조문