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(영문) 대구지방법원 서부지원 2018.10.25 2018고정193
일반교통방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 2017, the Defendant, at the time of installing access roads to farming roads implemented by the office of the elderly in the territory of the Gun around the elderly in order to prevent the passage of the front road in front of the dwelling area to prevent further construction by releasing concrete from the company that takes charge of the packing day of the access roads at the time of installing access roads to farming roads implemented by the office of the elderly.

On December 15, 2017, the Defendant: (a) installed a steel structure (9m X4m) on a forest road in front of the upper residential area; and (b) obstructed traffic on the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on internal investigation (Attachment of field photographs), and a report on internal investigation (Attachment of Internet NAV maps);

1. Reports on internal investigation (verification of the scene of the case and interviews with residents);

1. The Defendant and his defense counsel asserted to the effect that the “road road” stated in the instant criminal facts does not constitute “road” or “land” as referred to in a general traffic obstruction, since it is no longer connected to other paths through which vehicles can pass, since the “road road” as stated in the instant criminal facts is a dead-end path to the Defendant’s house located at the end of the village (the roads constructed by the elderly military E were restored to the sloping path through which vehicles cannot pass according to the recent order for restoration of the elderly military forces).

On the other hand, the crime of interference with general traffic under Article 185 of the Criminal Act is a crime of protecting the general traffic safety of the general public and refers to the crime of protecting the legal interests of the general public. The "landway" refers to the wide passage of land actually used for the traffic of the general public. Thus, the ownership relation of the site, the traffic relationship, or the passage and legal relationship of the persons passing through the road, or the filling of the enemy, etc. do not prevent (see Supreme Court Decisions 2007Do7380, Oct. 26, 2007; 2001Do6903, Apr. 26, 2002; 2001Do6903, Apr. 26, 2002), each of the evidence in its holding, in particular, the on-site photographs (record No. 9, 10, 25, 26, 40 through 42) and the NA map (Records No. 13 and 14).

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