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(영문) 대구지방법원 상주지원 2019.07.23 2019고정49
일반교통방해
Text

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

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

Reasons

Punishment of the crime

At around 11:00 on March 13, 2019, the Defendant: (a) opened cement bricks on the above road in a size of approximately 60 cm in height and approximately 2.5m in width on the above road; and (b) continued to interfere with the traffic of neighboring village residents by putting down the soil of 15 tons of 15 tons of dump truck on the above road in a broping manner, in order to prevent the passage of neighboring village residents, even though part of the above road was owned by them, and in order to interfere with the passage of nearby village residents.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of police statement concerning C and D;

1. Each investigation report [the general traffic obstruction under Article 185 of the Criminal Act is an offense under which the benefits and protection of the traffic safety of the general public is the crime, and this refers to the wide passage of land commonly used for the traffic of the general public, and the ownership relation, traffic rights relation, or heavy and timely drinking of the traffic, etc. of the site is not prohibited. If the Gu road, which is actually used as a road even after the new road is opened, is still in fact a road where the general public and vehicles pass along, and if it is in a state where it cannot be replaced by new roads, installation of a fence on the Gu road constitutes a traffic obstruction (see Supreme Court Decision 9Do1651, Jul. 27, 199; 1.00Do1651, Jul. 27, 199; 2.000Do1651, Jan. 4, 199; 2.000Do1651, Jan. 14, 200>

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