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(영문) 대전지방법원 천안지원 2017.10.27 2017고정530
일반교통방해
Text

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

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

Reasons

Punishment of the crime

On April 22, 2016, the Defendant: (a) around 2, 2016, around 40 meters in length located in Seo-gu C and D; (b) around 2 meters in width; (c) laid down a pipe, pipe, rocks, etc. cemently; or (d) laid down things, etc. such as tree arms, bags, etc., which are commonly used for the traffic of the general public, thereby hindering traffic by making them pass through the front land, a site for public use.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written complaint (including attached documents);

1. The defendant asserts that a factual confirmation (F statement) [1] The defendant asserts that the passage of a vehicle was impossible, but it is still possible to pass along the road, so it does not interfere with traffic.

However, insofar as the passage of the vehicle is obstructed, it is possible to pass through the Do road.

Even if the defendant's act constitutes a crime of interference with general traffic (see Supreme Court Decision 95Do1475 delivered on September 15, 1995, etc.). (2) The defendant asserts that there is no person using the road other than E.

However, according to the statements of E and F, it is recognized that the way is a contribution that the general public can freely use.

(3) The defendant asserts to the effect that E may use other paths than the relevant road.

However, there is a bypass route.

Even if the defendant prevents the way, it constitutes a crime of interference with general traffic (see, e.g., Supreme Court Decision 2006Do4662, Dec. 14, 2007). Accordingly, the defendant's assertion is not accepted in its entirety) applying the law.

1. Article 185 of the Criminal Act applicable to the facts constituting an offense, Article 185 of the Criminal Act selective punishment, and the choice of fines;

1. Article 70(1) and Article 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;

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