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(영문) 청주지방법원 2017.10.26 2017고정341
일반교통방해
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 24, 2017, from around 13:00 to 15:30 on the same day, the Defendant parked two parts of the fences into the village adjacent to the boundary of D church located in the Gun, Chungcheongnam-do, and obstructed traffic by preventing the Defendant from entering the village road in which the fences are constructed by blocking part of the fences from entering the village road, and obstructing the Defendant’s removal of the fences and construction work without permission. In order to prevent the construction, the Defendant parked three parts of the F (F) and G (S) into the village adjacent to the D church, and parked three households using the existing road, and other roads, which have been used by the general public, for about 2 hours and 30 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of E and H;

1. Statement made by the police for E;

1. A report on the occurrence of a case (fix of similar documents), an investigation report (fix of similar documents), or a copy of written opinion;

1. On-site photographs, on-site photographs, and intensity (the place in which the Defendant parked a vehicle as stated in its reasoning is not only the road which used the passage of the general public as the private land of D church, but also the road which used the passage of the general public at the same time as stated in its holding, and there was no intention to obstruct traffic, on the ground that it was just parked in a

The argument is asserted.

In full view of the following circumstances, the evidence duly adopted and examined can be comprehensively admitted, and the above argument is not accepted, since the defendant can sufficiently be recognized to prevent the construction of E, by blocking the village road, which is a road used for the traffic of the general public, from hindering the traffic of the general public.

(1) On the date and time of the decision, the vehicle loaded by the defendant on the passage of the above village road was parked, so it was impossible to enter the ready-mixed vehicle, etc. used for the construction in which E was constructed (the width of the passage obstructed by the defendant is about 3.5 meters, and the remaining part of the vehicle which is set off by the defendant's vehicle is the ready-mixed vehicle.

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