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(영문) 대전지방법원 논산지원 2013.12.27 2013고단386
일반교통방해
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On March 2013, 2013, the Defendant: (a) installed a plastic house (not less than 4m, 11m in length) on the road, on the ground that vehicles would cause noise, vibration, and traffic accidents while passing through the road, and thus, obstructed traffic by preventing vehicles from passing through the road, on the ground that vehicles would cause danger of noise, vibration, and traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to D;

1. On-site map, each on-site photograph, each on-site report, each investigation report, or the application of statutes governing images;

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the instant road where the Defendant installed a plastic house was a place where the general public passes through and was used for a long time, even though it was the possession of the Defendant, and thus, it is difficult to deny that the Defendant’s act of committing the instant crime prejudices the convenience and safety of the general public, including E Village residents.

However, according to the evidence duly adopted and examined by the court, the defendant's house suffered suffering from the noise and vibration generated by vehicles driving the road of this case, which occurred directly adjacent to the road of this case, due to the noise and vibration. Thus, the defendant has been found to have been in the FMyeon Office, the grant military administration, the grant police station, the Korea Agricultural and Rural Infrastructure Corporation, etc. since several years ago, and the defendant requested the establishment of a right road or the installation of a right-hand road, but the requirements of the defendant were not accepted. The road of this case is a road going through E2 Ri to E1 Ri, and the vehicle of this case is more than five minutes if the vehicle of this case is used as a right-hand road due to the crime of this case.

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