일반교통방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual error) found the Defendant not guilty of the facts charged in this case, despite the fact that the Defendant: (a) parked a vehicle for more than two hours at one-lane crossing road; (b) thereby significantly obstructing the traffic of the vehicle; and (c) thereby obstructing the general traffic, the lower court acquitted the Defendant of the facts charged in this case; and (d) there is an
2. The facts charged and the judgment of the court below
A. On June 9, 2011, the Defendant: (a) around 07:10 on June 9, 201, obstructed traffic by parking for more than two hours Cschton car volume on the road at the one-lane intersection in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; and (b) having it parked for more than two hours.
B. The lower court determined that the crime of interference with general traffic as stipulated in Article 185 of the Criminal Act is established when it is a crime under the legal interest of the general public’s traffic safety, and is established when it damages, destroys, or makes it impossible or considerably difficult for the general public to access by other means, such as the passage of the general public. According to the evidence submitted by the prosecutor including field photographs, since other vehicles are in a state where they can sufficiently pass the road due to damage to the Defendant’s vehicle parked on the road, it is difficult to view that the Defendant was unable or remarkably difficult to pass beyond the extent of somewhat inconvenience on the road of this case. Thus, the lower court acquitted the charges of this case.
3. Determination on the grounds for appeal
A. 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 damaging or infusing land, etc., or interfering with traffic by other means, as an offense under the legal interest protected by the law of the general traffic safety of the general public, and the obstruction of traffic by general traffic is impossible or impossible as an abstract dangerous offense.