Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, we examine ex officio as to the obstruction of general traffic among the facts charged in this case.

A. Around 11:50 on December 17, 2012, the Defendant: (a) 11:50, the Defendant, while drunk on the C convenience store located in Changwon-gu, Changwon-si B; (b) opened the center of the 2nd line road along which many vehicles pass without justifiable grounds; and (c) obstructed the traffic of the non-vehicles vehicles passing on the road for about 50 minutes, by putting the vehicle on the road on the street.

B. 1) The purpose of Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass through by destroying or infusing the road, etc., or interfering with the traffic by other means (see, e.g., Supreme Court Decisions 2008Do10560, Jan. 30, 2009; 95Do1475, Sept. 15, 1995). In full view of the evidence duly adopted and examined by the court below, the road of this case is not a second line of the road, but a second line of the road of this case, the defendant was found to have been placed on the center of the road of this case for about 50 minutes, and it cannot be deemed that the above act of the defendant was considerably difficult to pass through the road or that it constitutes a obstruction of the traffic of the above vehicle.

3. Therefore, since the charge of general traffic obstruction among the facts charged in the instant case is not a crime, it should be pronounced not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act, but it should be convicted of this part.