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(영문) 의정부지방법원 2013.05.16 2012고정2683
일반교통방해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 31, 2012, the Defendant interfered with traffic by installing fences on the land surface used by the public in Pyeongtaek-gun D, Gyeonggi-do, on the ground that the Defendant prevented him from driving along the medical center and demanded him/her from driving along the medical center, and that he/she went through the road.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A report on internal investigation (on-site verification, etc.);

1. Application of field photographs and aerial photography statutes;

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

1. The defendant and his defense counsel's assertion on the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Act for the detention of the workhouse asserts that the road in the part where the defendant installed fences, etc. (hereinafter "the road of this case") does not constitute the land of the obstruction of general traffic, and that the defendant is sufficiently able to pass the vehicle even though he installed fences, so it does not interfere with traffic.

In light of the evidence duly adopted and examined by the court, the road of this case was a road that had been passed by FC, a neighboring resident, and G C, with a view to protecting the safety of traffic of the general public. From around March 2012, E started construction of I Hospital in the above training center building in Gyeonggi-do, where E and E have passed through the road of this case, and the road of this case was actually constructed in Gyeonggi-do by the above E and E in addition to the forest of this case. (See Supreme Court Decision 9Do1651, Jul. 27, 199). However, according to the evidence duly adopted and examined by the court, the road of this case was a road of this case where E had passed through the light flag since about 15 years ago, FC and G, a neighboring resident, had passed through the light flag.

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