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(영문) 대전지방법원 천안지원 2017.03.30 2016고정577
일반교통방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant transfers all related matters, such as authorization, permission, etc. related to the right to permission for gathering earth and stones and the development project, to Aju Industry Co., Ltd., and enters into a contract for the supply of stone, and is in transactions.

On December 21, 2015, the Defendant: (a) on the roads located in Dong-dong, Nam-gu, Nam-gu, Seoul; (b) on the roads located in Dong-gu, Nam-gu, Seoul; (c) allowed the Defendant’s employees, the Defendant’s company, to park the F digging range on a road of about seven meters in width; and (d) allowed the Defendant to pass only

As a result, dump trucks of Aju Industry corporation could not pass through the above road.

The Defendant interfered with traffic by setting up a soft machine.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol (G);

1. Complaint and all the accompanying documents;

1. Application of each statute on photographs;

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. Determination on the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts as follows.

① It is only limited to passage of dump trucks as an act recorded in the facts charged by the defendant, and the passage of a motor vehicle or person smaller than that of the defendant is not restricted.

② Dump trucks of Aju Industry Co., Ltd. (hereinafter “Aju Industry”) can sufficiently pass along another road (e.g., Esp forest roads; hereinafter “Esp forest roads”) under which a dump truck entered into a contract for its original passage. As such, the Defendant committed an act described in the facts charged.

Even if the passage of a road (hereinafter referred to as “road of this case”) as stated in the facts charged is not impossible or considerably difficult.

③ Dump trucks for the Adump industry must pass along the Es. forest road, the original passage of which was agreed, and thus, blocking the instant road is a legitimate exercise of the right.

(4) The defendant shall state the facts charged.

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