Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

From December 22, 2016 to April 13, 2017, the Defendant installed excavation equipment on a road equivalent to 3.5 meters wide from the access road to the stable site of the victim E, installed in Namnam-gun, Namnam-gun, and obstructed traffic, and at the same time interfered with the victim E’s new construction work by force.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement of witness E in the second public trial protocol;

1. Statement of the witness F and G in the third public trial record;

1. Legal statement of the witness H;

1. On-site inspection records of this court;

1. Documents of court decision;

1. Application of statutes on field photographs;

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that traffic has not been impeded;

A. The alleged defendant, even if he installed a excavated machine on the road as indicated in the judgment of the court, could pass a vehicle not exceeding one ton and could pass through another road on the land owned by the victim, so it did not interfere with traffic.

B. 1) The purpose of interfering with general traffic safety under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by interfering with traffic by destroying land, etc. or blocking traffic on obstacles, etc., which are crimes that protect the general public’s traffic safety.

The term "land access" in general traffic obstruction refers to the wide passage of land that is actually common to the general public, and it is possible to freely pass through many and unspecified persons or the end of the land without being limited to a specific person.