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(영문) 대구지방법원 상주지원 2021.02.03 2020고정76
일반교통방해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 2019, the Defendant: (a) he was able to dump B, including approximately one square meter on the Defendant’s land, at the 7-5 alley-dong, Dongwon-dong, which was permanently stationed in the Defendant on September 2019; (b) the Defendant did not return the land; (c) installed a steel fence with a length of 1m, 12m in length, so that the vehicle may not pass on the said alley.

Accordingly, the defendant interfered with the traffic of land on the land used for the traffic of the general public.

Summary of Evidence

1. Statement by the police about defendant's partial statement C in court;

1. Application of Acts and subordinate statutes to a written complaint, field photograph, aerial photography and a certified copy of cadastral map (related to road users);

1. Article 185 of the Criminal Act applicable to the crime, the selection of a fine [the crime of interference with general traffic under Article 185 of the Criminal Act refers to the crime of legal interest in the protection of traffic safety of the general public, and the "landway" here refers to the wide passage of land actually used for the traffic of the general public, and the ownership relation of the site, traffic relationship, or the traffic relationship, or the passage of a large number of persons, and the whistle, etc. are not taken (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002). In fact, even if the passage of land is the passage of the general public without the passage of the general public, it constitutes the ground of interference with the traffic safety of the general public (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007).

① The instant road has been used as a passage of a vehicle since around 10 years prior to the date of cement packing.

(2) On the road of this case, E shall be located at the time B resides.

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