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(영문) 춘천지방법원 강릉지원 2015.08.13 2015고정195
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 February 3, 2015, the Defendant: (a) installed the sole passage that can enter the “C” located in Gangnam-si B; (b) installed 30.25 meters in length on the side the fences of 30.25 meters in length; (c) reduced approximately 3-3.5 meters in length to 2.07-2.84 meters in width; and (d) obstructed the traffic of the above land, a place for public traffic at the general public.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The defendant asserts that the passage way indicated in the facts charged is not a public place for the passage of the general public, but a defendant's act of installing the pen does not cause difficulty in passing through. According to the evidence of the judgment, the above passage way is the only way to pass through the restaurant operated by D to the public, such as the restaurant customer, etc., and a large-scale vehicle, such as a bus, etc., which could have been operated by the defendant by installing a pen that restricts the width of the passage, has become unable to use the above passage way, and it is recognized that the vehicle has passed through the way with considerable attention. Accordingly, the defendant's act constitutes an act of remarkably obstructing traffic, thereby making it considerably difficult to pass through the road, and the facts charged in this case can be fully convicted).

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

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

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

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