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(영문) 광주지방법원 순천지원 2019.08.29 2019고단903
일반교통방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 29, 2018, the Defendant left two sn beam lines ( approximately 1.5m in length, approximately 30cm in thickness) on the road in front of the Defendant’s land, on the ground that it is the land owned by the Defendant, thereby hindering the flow of traffic on the land passing by the general vehicles.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Full certificate, land cadastre, cadastral survey result register, field photographs, satellite photographs, and photographs of the registered matters;

1. Court decisions [A. Interference with general traffic under Article 185 of the Criminal Act is a crime under which the legal interest of the general public is protecting the traffic safety, and the purpose of which is to punish all acts that make it impossible or considerably difficult to pass by causing damage to, or interference with traffic by other means. Therefore, insofar as roads are actually used for the traffic of the general public, it is not possible to pass through only the road, but it is possible to pass through other vehicles, so if it interferes with the traffic of such vehicles, it constitutes a general traffic obstruction (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). It refers to a crime involving interference with the traffic safety of the general public, which practically refers to the wide passage of land through which the general public is used for the traffic safety of the general public, and thus, it does not constitute a crime of interference with the traffic safety of the general public, such as ownership of the site, traffic rights, or restriction on the passage of the general public (see, e.g., Supreme Court Decision 20008Do488.28.

However, according to the evidence of the judgment, the evidence is.

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