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

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

Punishment of the crime

From around December 2013 to December 2015, the Defendant: (a) set up a D EM car in the forest road located in Busan Jin-gu, Busan; and (b) obstructed the traffic of vehicles intending to pass through the said road by setting up it on the forest road located in Busan Jin-gu, Busan.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Police investigation report (to be accompanied by G phone statement, on-site photograph and indication of guidance who is an complainant);

1. Fact-finding office;

1. Judgment on the assertion of the defendant and his/her defense counsel

1. The defendant's assertion and defense counsel asserted that the defendant's act does not constitute a crime of interference with general traffic, although the defendant's establishment of the defendant's car on the road in this case is true, it is not a forest road nor a passage through a vehicle.

2. The purpose of the Criminal Act is to punish any act making passage impossible or remarkably difficult by destroying or infusing land, road, etc. or impeding traffic by other means, which is a crime involving the protection of the general public’s legal interests and interests in traffic safety, and is to punish any act making passage impossible or remarkably difficult.

In this context, the term "landway" refers to the land passage that is actually used for the traffic of the general public, and is not widely used for the ownership of the site, the relationship of the ownership of the site, the relationship of the right and the right of the traffic or the traffic of the traffic manager, etc.

In addition, the crime of interference with general traffic is an abstract dangerous crime where traffic is impossible or considerably difficult, and the result of traffic interference is not practically necessary (see Supreme Court Decision 2004Do7545, Oct. 28, 2005, etc.). The following circumstances acknowledged by the legal principles as seen above and the evidence of each judgment are as follows, namely, ① the road of this case is an erosion control project (prevention of landslides) and a vehicle access for forest management conducted by the Busan District Office from March 2013 to June of the same year.