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(영문) 대전지방법원 서산지원 2017.08.17 2017고정124
일반교통방해등
Text

1. The sentence against the accused shall be 700,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 9, 2017, the Defendant: (a) set up a f1 ton cargo vehicle on the road in order to prevent the victim from passing through the road without any consideration for nine (9) years prior to the victim D from using the road owned by the husband of the Defendant on the road; (b) opened a f1 ton cargo vehicle on the road in order to prevent the victim from passing through the road; (c) opened a container stuff at around 16:00 on the 18th day of the same month to prevent the vehicle from passing through the road; and (d) obstructed the traffic of the road by preventing the vehicle from passing through the road at the same time as at the same time, from entering the construction vehicle, equipment, etc.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Guide photographs of D's written complaint and attached site pictures, photographs of the scene of submission of the defendant, and photographs of each construction site;

1. The E’s written consent to the use of land (the defense counsel and the defendant’s assertion: the land category of Jin-si C is not a road, but a road is being passed only by the injured party, and it is possible to pass by ging with cargo vehicles or containers at the place. Therefore, there was no intention to obstruct traffic, and it does not interfere with construction works on the ground that a construction vehicle can pass by the following.

Judgment

The above evidence reveals that the facts of the crime are sufficiently admitted, and thus, the argument is not accepted.

Application of Statutes

1. Article 185 of the Criminal Act (a point of interference with general traffic) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a person who commits a crime of interfering with general traffic heavier than punishment);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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