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(영문) 제주지방법원 2020.09.16 2020고정221
일반교통방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the representative of B, was a person who constructed steel and concrete at the construction site of a river disaster prevention project implemented in Part D119 center located in Jeju Fire Fighting Zone C at Jeju.

1. Obstruction of general traffic;

A. On August 9, 2019, around 21:30, the Defendant: (a) obstructed the traffic of many, unspecified persons who want to use the said road by blocking the passage of the said road to the public freely passing by preventing a police officer, at around 21:50 on the same day, who parked the F1 ton of cargo, which is the spouse of the Defendant, and called out after receiving a report, from the center of the road that is a two-lane road, under the pretext of exercising a right of retention for the unpaid construction cost, in Jeju City E; and (b) obstructed the traffic of the land along which the public passes by preventing the passage of the said vehicle from being pushed away.

B. On August 10, 2019, from around 04:00 to around 07:20, the Defendant parked one ton of F1 ton of cargo that the police officer moved back to the front of the road again along the center of the road, and additionally parked G, H SPP car, IS car, and ISP car on the road. The Defendant interfered with the traffic of the land freely passed by the public by blocking the passage of unspecified persons who want to use the road by storing substitute material to the center of the road.

2. On August 10, 2019, the Defendant, at Jeju-si, obstructed general traffic, as described in paragraph (1)(b) and was demanded by the police officer from the police officer, to transfer the parked vehicles on the road and substitute stone materials, and obstructed the work of the victim by preventing the entrance of the site of the river accident prevention work, and obstructing the work of the victim, thereby causing the victim to pay the construction cost.

On August 10, 2019, the Defendant: (a) around 07:20 Jeju city, at the construction site of a river disaster prevention project, located adjacent to C Jeju Fire Prevention Station D119 Center; and (b) he/she stores substitute materials at the entrance of the construction site, and (c) has the right of retention under Article 323 of the Criminal Act.

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