The prosecutor's appeal is dismissed.

1. In the establishment of a crime of interference with general traffic by the summary of the grounds for appeal, whether the captain of the road occupation time or the accused, etc. responded to the police's restraint after occupying the road is not an element leading to the formation of the crime, but an element leading to the sentencing.

In the vicinity of the vehicular road, the defendant did not have a sidewalk, but there was a yellow line which is clearly divided from the roadway.

The vehicular road occupied by the defendant is separated from the opposite direction road by the central separation zone from the low-priced vehicular road and the central separation zone, and it is impossible to communicate bypass in fact due to the intersection with the railway way that the trains pass frequently.

In light of such circumstances, the judgment of the court below which acquitted the defendant on the ground that the general traffic obstruction was fully constituted, is erroneous in the misapprehension of legal principles as to the general traffic obstruction, which affected the conclusion of the judgment.

2. The lower court found the Defendant not guilty on the ground that there is insufficient evidence to prove that the Defendant interfered with traffic, based on the evidence duly admitted and investigated by the lower court, found the facts and circumstances as indicated in its reasoning, and comprehensively considered such facts and circumstances.

In addition to the following facts and circumstances known through the records of this case, the court below's decision of not guilty on the basis of the fact finding and judgment as above is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as pointed out by the prosecutor.

Therefore, prosecutor's assertion is not accepted.

General traffic obstruction is an offense, the legal interest of which is the protection of the general public's traffic safety, and it makes it impossible or considerably difficult for the general public to pass through by damaging or passing through land or by other means.