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(영문) 대구지방법원 경주지원 2017.03.22 2017고정40
일반교통방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Defendant

A From August 2016, 2016, A shall be from the beginning of the same year.

9. From October 10 to October 10, 100, racing C road (hereinafter “instant road”) set up a warning flag on the road in order to exercise its property rights, thereby hindering the traffic of the land along which general vehicles pass.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to farmland-only permission, aerial photographys and photographs, such as a report on the occurrence of a case that is likely to obstruct general traffic, each site photograph, written consent to each construction, building register, etc.

1. Relevant Article of the Criminal Act and Article 185 of the Criminal Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. On the other hand, it is difficult to view the Defendant’s act as interfering with traffic, since there exists a separate passage going to the village at a point 50 meters adjacent to the instant road.

B. The defendant's act constitutes a legitimate act in light of the fact that the road of this case is not a legal road, separate passages exist, the defendant's act and the circumstances surrounding dispute between the defendant, D and E, etc.

2. The purpose of the relevant legal doctrine is to punish any act that causes damage to, or influence to, the safety of the general public’s traffic, and thereby makes it impossible or considerably difficult to pass through by causing damage to, or interference with traffic by other means. Here, the term “land access” refers to a wide range of the passage of land actually used for the traffic of the general public, and the ownership relation of the site, the traffic relationship, or the traffic relationship, or the passage of the traffic users, is not much high and sound.

In addition, general traffic obstruction is a so-called abstract dangerous crime, if the traffic is impossible or substantially difficult, it shall be immediately flooded and the result of traffic obstruction is practically possible.

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