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(영문) 청주지방법원 2018.06.14 2018고정118

일반교통방해등

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is the chairperson of the "D" village promotion committee located in Jincheon-gun C.

The Defendant had a mind to interfere with the progress of construction through a community meeting on the ground that, with respect to the extension of access roads to G housing complex, which was concluded between the Defendant and the F in the Chungcheongnam-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnambuk-gun, and G, the Defendant, on the ground that F or G, obtained the consent of village residents or carried out construction without standing.

1. On November 6, 2017, the Defendant interfered with general traffic by parking a K vehicle owned by himself/herself on the front road of the J, J, J in J, Jincheon-gun, Chungcheongnam-do, in the said place and allowing him/her to pass off the above-mentioned land, which is a head of the public road for the traffic of the general public.

Accordingly, the Defendant interfered with traffic.

2. The Defendant: (a) obstructed the work of the Victim F Co., Ltd. by force on the part of the Victim Co., Ltd., by blocking or making it difficult to access a construction-related vehicle, such as ready-mixed vehicles, at the construction site, by parking a K vehicle owned by the Defendant at the above location at the time and place

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement made by a witness L;

1. Application of statutes on site photographs and field photographs;

1. Article 185 of the Criminal Act (a point of interference with general traffic) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;