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(영문) 수원지방법원 2018.11.29 2017고단8561
일반교통방해
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 2, 2017, on September 2, 2017, the Defendant: (a) laid the cement of one quantity of ready-mixed vehicle at the access road B located in the wife population B, and (b) laid the cement at the center of the cement and laid the cement in a way that enables vehicles not to pass through the road for about one hour.

Accordingly, the Defendant interfered with traffic by making it impossible for the Defendant to use the road for the traffic of the public.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A detailed statement of investigation reports, investigation reports (to hear statements E), and 112 reported cases;

1. Investigation report (to hear statements from staff members of the F Office);

1. On-site photograph Defendant and defense counsel’s assertion

1. The summary of the assertion is that the Defendant did not have an intention to commit the instant crime, or carried out self-help on his own damage, and thus, an offense is not constituted.

2. Determination

A. Determination as to Defendant’s intentional act of interfering with general traffic safety under Article 185 of the Criminal Act is a crime that legally protects public traffic safety, and the purpose of which is to punish any act that makes it impossible or considerably difficult to pass through by causing damage to or influence to traffic by other means (see, e.g., Supreme Court Decisions 95Do1475, Sept. 15, 1995). Here, “land” refers to a place of public traffic by the general public, i.e., a place of public nature where many and unspecified persons or horses are allowed to freely pass through without limited to a specific person, i.e., a place with a public nature where they are allowed to pass by the general public, i.e., the ownership or traffic relation or traffic relation of the site, or a large volume and sound, etc. of persons passing through the road (see, e.g., Supreme Court Decisions 9Do401, Apr. 27, 199; 2006Do825, Feb. 228, 2007).

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