A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On August 23, 2019, the Defendant is the husband of C who acquired the ownership of the land located in B at the time of strike, and the person who manages the said land.

On September 15, 2019, the Defendant: (a) sold asphalt packaging on a section of about 15 meters from the width of the asphalt road via which the above land was passed; (b) stored concrete structures, thereby making the width of the road unfasible; and (c) obstructed traffic by making it possible for the Defendant to remain 1.620 meters away from the road.

Summary of Evidence

1. Partial statement of the defendant;

1. Data on maps and interview photographs;

1. Application of Acts and subordinate statutes to a report on investigation (on-site verification) and a report on investigation (field verification);

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

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

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The purpose of the relevant general traffic obstruction is to punish all acts that cause damage to, damage to, or disturbance of traffic by, the land, etc. or interfere with traffic by other means, thereby making it impossible or considerably difficult to pass through. Here, the term “land” refers to the wide range of the passage of the land actually used for the traffic of the general public. The ownership relation of the site or the existence of the right to passage over surrounding land, etc. do not lead to a large number of legal relationships, such as the ownership relation of the site or the existence of the right to passage over surrounding land, and the sound, etc. (see, e.g., Supreme Court Decisions 9Do1651, Jul. 27, 199; 95Do1475, Sept. 15, 195). In addition, the general traffic obstruction is a so-called abstract dangerous crime, where it is impossible or substantially difficult to pass through, or is not a result of the traffic obstruction.

(Supreme Court Decision 2004Do7545 Decided October 28, 2005). 2. Determination

A. According to each evidence adopted and examined by this court, the passage on part of the land B at the time of strike is below the passage.