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

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

Punishment of the crime

On July 28, 2017, around 13:00, the Defendant parked one motor vehicle with a length of 6.42m 6.42m 4m her length on a one-way road at the entrance width of C, 9.45m breadth, located in Namyang-gun, Namyang-gun, Namyang-gun, Seoul, thereby hindering traffic by preventing the flow of land.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 185 of the Criminal Act concerning the crime. Article 185 (Selection of Penalty Penalty)

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

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

1. Determination on the key issue of Article 186(1) of the Criminal Procedure Act, which is the cost of lawsuit

1. The purpose of Article 185 of the Criminal Act is to punish any act that causes damage to, causes damage to, or interference with traffic by other means of land, etc., and makes it impossible or considerably difficult to pass through by means of causing damage to, or interference with traffic by other means, as to the illegality of the C business and the establishment of the instant criminal act. Here, the term “landway” refers to a widely known passage through the land in fact being used for the traffic of the general public, and the ownership relation of the site, traffic relation, or traffic relation or traffic relation of the traffic, etc. are not prohibited (see Supreme Court Decision 2007Do7717, Dec. 28, 2007). According to each evidence of each judgment, the roads where the Defendant parked and interfered with traffic by the Defendant are currently common land for the passage of tourists or vehicles related to the construction of the public, regardless of whether it is legitimate or not under the Administrative Transport Act.

2. Whether a certain act constitutes a justifiable act as a ground for excluding illegality should be determined in accordance with specific cases and reasonably. To be recognized as a justifiable act, the legitimacy of the motive or purpose of the first act, the reasonableness of the means or method of the second act, the balance between the protection of legal interests and the infringement of legal interests;