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(영문) 서울북부지방법원 2019.11.21 2019노885
일반교통방해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

misunderstanding of facts and misunderstanding of legal principles recognize that the Defendant parked a vehicle as stated in the facts charged in the instant case (hereinafter “instant vehicle”) around the one-lane road in front of Dobong-gu Seoul Metropolitan Government (hereinafter “instant road”), and escaped from the site. However, the place where the instant vehicle was parked at the time the police officer called out and the place where the Defendant parked, and C was able to change the place where the Defendant parked. Since approximately 6 minutes were required until the police officer arrives after reporting the vehicle to the police immediately after the Defendant left the vehicle, it is different from the facts charged that interfered with general traffic between about 15 minutes.

In addition, the place where the defendant parked the vehicle of this case is the place where other vehicles are parked at all times, and the other vehicle is sufficient, but the parking time is about 6 minutes, and it cannot be deemed that the defendant's act interfered with the traffic and makes it considerably difficult for the defendant to pass the vehicle. The defendant's act does not violate the social rules.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

The judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles is based on the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① even according to the defendant's assertion, the defendant, while driving the instant vehicle as a substitute engineer, by setting up and stopping the instant vehicle on the instant road, which is one-laned one-lane, and ② the defendant was likely to move the instant vehicle. However, C was requested to drive the instant vehicle in drinking condition, but C was requested to drive the instant vehicle on his behalf, and the defendant reported it to 112 immediately after the issuance of the instant vehicle.

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