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(영문) 수원지방법원 평택지원 2019.07.26 2018고정497
일반교통방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 9, 2018, at around 09:00-11:45, the Defendant: (a) set up a non-packaged road installed in the Defendant’s land located in Pyeongtaek-si B; (b) around that time, G et al. seeking to pass through the above place to supply goods to Pyeongtaek-si E using freight cars, such as D, etc.

Accordingly, the defendant interfered with traffic by making the land provided by the general public pass through.

Summary of Evidence

1. Each statement of G and H;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications of police officers I dispatched to the scene);

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

1. A fine of 1,000,000 won for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Judgment on the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Act

1. The alleged defendant merely obstructed the passage of large vehicles exceeding 2.5 meters in width on the road of this case, and did not interfere with the passage of small vehicles, thus there is no intention to interfere with general traffic.

2. According to the records of recognition, the following facts are recognized:

① On July 27, 1998, the Defendant was jointly donated to Pyeongtaek-si J, including the instant road, and cultivated crops from January 1, 2014.

② Before the Defendant sets up a farm house in the above land, K, L, F, and M four companies have used the road as the main passage.

③ On April 2, 2014, the Defendant sent a certificate of content to the above companies and offered 2.5 meters wide along the road. However, when the large vehicles passing through the above companies are entering more than 2.5 meters wide, etc., the Defendant suffered damage to agricultural crops cultivated by the Defendant, such as entering gravel exceeding 2.5 meters wide of the road, the Defendant notified the installation of facilities to prevent damage and prohibition of passage of large vehicles for crops cultivation on April 23, 2018.

3.2

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