일반교통방해
The defendant's appeal is dismissed.
The court below found the defendant guilty of the facts charged in this case even though the defendant misunderstanding the facts of the grounds for appeal or misunderstanding the legal principles by misunderstanding the facts, but allowed the passage of the road, and the passage of the road was 10 minutes or more. The court below erred by misapprehending the legal principles or misunderstanding the facts, which affected the conclusion of the judgment.
The punishment sentenced by the court below to the defendant (the amount of 500,000 won) is too unreasonable.
Judgment
In fact, interference with general traffic under Article 185 of the Criminal Act’s assertion of misunderstanding of legal principles is a crime that legally protects the general public’s traffic safety, and its purpose is to punish all acts that make it impossible or considerably difficult to pass through by causing damage to land, etc. or impeding traffic by other means (see Supreme Court Decision 95Do1475, Sept. 15, 1995, etc.). Moreover, interference with general traffic by means of the so-called abstract dangerous crime, where traffic is impossible or considerably difficult (see Supreme Court Decisions 2004Do7545, Oct. 28, 2005; 2006Do462, Dec. 14, 2007; 2006Do462, Dec. 14, 2007). After the confession at the lower court, the lower court’s determination that the traffic of the vehicle was legitimate by misapprehending the legal principles as seen above on the road, which was operated by the general public, including the following.