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(영문) 춘천지방법원 강릉지원 2014.12.02 2014노186

도로교통법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant left the road of this case in order to restrict the passage of large vehicles, and there is a danger of traffic obstruction resulting therefrom, so it can be recognized that the facts charged of this case are not guilty, but there is an error of misunderstanding of facts or misapprehension of legal principles

2. Determination

A. On September 6, 2013, the Defendant: (a) around September 6, 2013, posted 1.5m in length, approximately 60cm in height, and approximately 1tm in weight on the road in front of the road in Yangyang-gun B of the Gangwonyang-gun; and (b) laid away things on the road that could interfere with traffic without permission.

B. As to the facts charged of this case, the court below judged that the road of this case is a road under the Road Traffic Act because the road of this case is provided for the passage of village residents' roads and general vehicles, but the road of this case was lost due to a typhoon that occurred around 2002 and around 2003 after the defendant acquired the ownership of part of the road of this case around 1996, while the road of this case was restored to the road of this case, although the defendant permitted the passage of village residents' roads or ordinary vehicles, the passage of large-scale construction vehicles was restricted, and the passage of large-scale construction vehicles became final and conclusive after the judgment dismissing the claim against the defendant in the related lawsuit seeking confirmation of traffic right against large-scale construction vehicles, it is difficult to view the road of this case as a place open to the public for the passage of large-scale construction vehicles. The evidence submitted by the prosecutor alone is insufficient to recognize that the road of this case can obstruct the traffic of the road of this case, and there is no evidence to recognize this differently.

C. A thorough examination of the judgment of the court below on the ground of comparison with evidential materials, and a part adjoining the road of this case is a house of the defendant on the land adjacent to the road of this case.

참조조문