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(영문) 춘천지방법원 강릉지원 2013.11.26 2013고정377

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

The Defendant purchased land in Gangnam-si C around 2008, and the owner of the surrounding mountainous district tried to create a cemetery by using a road passing through the above land (hereinafter referred to as the “instant road”), and thought that a cemetery, etc. was damaged in the surrounding mountainous district, it did not look at preventing the surrounding landscape.

On November 201, the Defendant: (a) set up a standing signboard on the instant road; (b) obstructed the general traffic of the instant road by blocking the passage of vehicles and people moving through the instant road through the instant road by installing a metal chain using the standing signboard; and (c) obstructed the general traffic of the instant road.

Summary of Evidence

1. Legal statement to the effect that the defendant or the defendant has obstructed the passage of the road of this case;

1. Each police statement made to D and E;

1. On-site photographs;

1. Application of the NAV map and satellite photographic Acts and subordinate statutes;

1. Article 185 of the Criminal Act applicable to the crimes;

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

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act as to the defendant's assertion of the provisional payment order is asserted to the purport that since the road of this case is not a ordinary road on non- packing roads used by several residents for farming use, but a key to the defendant's agricultural and fishery life is created to make it difficult for the defendant to interfere with the agricultural life, so it does not constitute a general traffic obstruction, and it constitutes a legitimate act, since the road of this case is established to control the people who intend to create or construct a cemetery illegally.

The crime of interference with general traffic under Article 185 of the Criminal Act is an offense in which the legal interest of the general public’s traffic safety is protected. The term “landway” refers to the land passage widely used for the passage of the general public. It does not include the ownership relationship of the site, the traffic right relationship, or the passage relationship, or the large and hostile voice of the passage.