(영문) 인천지방법원 2016.11.17 2016고정356

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(영문) 인천지방법원 2016.11.17 2016고정356

일반교통방해등

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 28, 2015, the Defendant interfered with ordinary traffic by destroying the entire part of the access road indicated in the annexed Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 indicated as the whole on the access road (hereinafter “the access road of this case”) indicated in the annexed Form No. 1, 3, 4, 5, 6, 7, 8, and 1 on the surface of the ditch, and destroying the access road installed by the complainant to be used for the purpose other than the purpose of approval for use, on the ground that the Defendant used the ditches of this case from the reinforcement group for the purpose of packing for the purpose other than the purpose of approval for use, and thereby hindering traffic by causing the complainant (D) to go through the above land, which is a public place for the passage of the general public.

2. The Defendant damaged the damage of property at the same time and place as the above Paragraph 1, and caused the damage to the drainage pipe where the complainant was laid on the same ground.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. On-site photographs;

1. Each investigation report (the filing of an execution report, the filing of a copy of a work log, and the submission of additional data) and the defendant and defense counsel argued that the access road of this case does not constitute the land which is the object of general traffic obstruction because D was made for their own personal works. However, since the access road of this case was damaged by the road which is officially used by the general public due to the passage of the general public, the access road of this case is a temporary road that is made bypassing the damaged part, even though D was established for its own works, it appears that D was a part of the existing road, and that D did not have the exclusive right to use the access road of this case. Thus, the access road of this case is also a general traffic obstruction.

유사 판례

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