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(영문) 대전지방법원 2017.11.08 2017노568

일반교통방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (confluence of general traffic interference) The Defendant 1, who gets a Tractor and gets a horse with the entrance of the Macart as indicated in the facts charged of the instant case (hereinafter “the instant Ecart”), erroneously divided the pressing of the Tracker into a Trackter (equipment installed after the Trackter). The Defendant 2, who gets off the Track from the Trackter and gets off the Track to go on the Track for the Track.

Therefore, the defendant did not have any intention to obstruct traffic.

B. The punishment sentenced by the lower court (2.5 million won) is excessively unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize that the Defendant had a traffic obstruction.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1) On the day of committing this part of the crime, the Defendant sought the instant marina in order to comply with the delivery problem, and during that process, the Defendant set up a track in front of the event site and caused interference with the passage of the customers.

2) At the time of the commission of this part of the crime, Twitter was boomed with Rostering and driving.

3) The employees of the instant marina set up a sign of prohibition of parking on the side of the Tracter and induce the vehicle to be an opposite passenger. It seems that the said employees were aware that the Tracter was parked on the road and that there was a considerable time until taking such measures.

4) Even though the police officer called upon receiving a report requests to move a Track to another place, the Defendant re-stoped the Track and stopped at a level of about 3 meters, and prevented the entry of the Track parking lot in this case. The Defendant was arrested the police officer to leave the place without leaving the Track and attempted to leave the place.

(b).