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(영문) 창원지방법원 통영지원 2017.02.15 2016고단1948

일반교통방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Majority Relationship] The Defendant was sentenced to a two-year suspended sentence on January 24, 2014 to a two-year period of imprisonment due to a death or injury at the Changwon of the Busan High Court, which became final and conclusive on February 4, 2014, and is currently under suspended sentence.

[Criminal facts]

1. On November 20, 2016, the Defendant: (a) obstructed the traffic of an unspecified number of vehicles, such as urban bus 2 and multiple passenger cars, for about 15 minutes from around 22:30 minutes from the same day, on the ground that he/she was under operation from D’s steering line, while getting on and off the top of the steering line of D’s E-mail vehicle from the front line of the front line of the bus from “C cafeteria” located in the front line of the bus from “C cafeteria,” which was located in the direction of the heading post office, on November 20, 2016, on the ground that he/she was under operation from D’s signal number.

2. The Defendant: (a) left the place without leaving the vehicle at the date, time, and place specified in paragraph (1); (b) prevented the victim from moving the cump and dump vehicles invested in the pipeline construction of the Industry Co., Ltd.; and (c) obstructed the victim’s construction work by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on investigation;

1. A permit to occupy and use roads and on-site photographs;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the date of confirmation and attachment of judgment);

1. Relevant legal provisions concerning criminal facts, Article 185 of the Criminal Act (the point of obstructing general traffic), Article 314 (1) of the Criminal Act (the point of obstructing business), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is committed by the defendant without being familiar with the defendant during the period of suspension of execution, and the defendant has a number of violent crimes against the defendant.