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(영문) 대전지방법원 홍성지원 2014.05.14 2014고정70
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 August 11, 2013, at around 13:00, the Defendant: (a) knew that D, E, F, G, etc. will designate the Defendant’s road as the main access road and intend to use the road by obtaining a construction permit from the roads passing through the dry field owned by the Defendant in Chungcheongnam-gun, Chungcheongnam-gun (3.1m wide roads); (b) by destroying a portion of approximately 1m of the road and approximately 34m in length from the surface of the said road by attaching cement packaging and drilling, thereby preventing the passage of freight vehicles or construction vehicles by destroying it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. On-site photographs (on-site surveys, verification of whether vehicles are traveling), on-site photographs (I participation in the H surface office);

1. Application of construction permission and reporting statutes;

1. Relevant Article of the Criminal Act and Article 185 (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The summary of the Defendant’s assertion of determination as to the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act was not impossible or considerably difficult due to the Defendant’s act. Of the facts charged, the part on “cargos or construction vehicles” did not specify the facts charged. As long as the passage of general vehicles is possible, it does not constitute an ordinary traffic obstruction even if the passage of large-scale cargo vehicles for a special purpose of construction is difficult.

Before the act entered in the judgment of the defendant was done, the right road was set up on the land owned by the defendant, and the cargo vehicles or construction vehicles can pass through the right road. Therefore, it is a justifiable act that does not go against the social norms under the Criminal Act.

Judgment

The purpose of Article 254 (4) of the Criminal Procedure Act, which specifies the date, place, and method of a crime, is to limit the object of trial of the court.

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