(영문) 부산지방법원 2015.10.22 2015노1886 | 리걸엔진

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(영문) 부산지방법원 2015.10.22 2015노1886

일반교통방해

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the Defendant: (a) parked the instant vehicle on the side parking lot adjacent to the road, while carrying a handbroke, and the vehicle was pushed down, and there was no intentional interference with traffic as shown in the facts charged in the instant case.

B. Even if not, the sentencing of the lower court (the fine of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case and the summary of the judgment of the court below are as follows: “The Defendant parked a DNA white scenario car from around 19:00 on November 8, 2014 to around 19:30 on the street in the front of the Busan East-gu, Busan, with one-way road with a width of 4,240 meters wide and obstructed the traffic of other vehicles on the land through which other vehicles pass,” and the court below convicted the Defendant of the facts charged in the instant case by taking into account the evidence duly adopted and examined.

B. The Defendant asserted to the effect that “the instant vehicle was parked in the side space above the Defendant’s home, but the Handbroke of the instant vehicle was cut down by getting off the instant vehicle,” consistent from the first investigative agency to the trial at the court of the trial. In full view of the following circumstances acknowledged by the records, the possibility that the Defendant would stop down the vehicle due to the vehicle’s defect even though he parked the instant vehicle in the parking space above the instant road, it cannot be ruled out that the Defendant could stop down the road, and the evidence submitted by the Prosecutor alone is insufficient to find that the Defendant interfered with traffic by blocking the instant road, and there is no obvious evidence to deem that the instant facts charged were proven without reasonable doubt.

① The witness E and F of the lower court is the case in the lower court’s court.

유사 판례

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-의정부지방법원 2014.09.17 2013고정2262

-인천지방법원부천지원 2020.09.24 2020고정401