Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant operates a stable in his/her residential area, and C operates a construction mid-term notice.

They are travelling through access roads to local residents when entering a residential area and a garage.

From July 21, 2016 to August 28, 2016, the Defendant parked on the access road to D (No. 4m., length 20m) at the time of resident residence owned with C, and parked on the access road to C with the intent to obstruct the entry of the vehicle into the earth on the ground that the vehicle during construction caused a considerable amount of dust from the vehicle notice.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. The defendant and his defense counsel's assertion of related photographic materials

1. A. The defendant and his defense counsel asserted to the effect that the defendant's act does not constitute traffic obstruction, since C only parked a passenger car in the part of D land at the time of residence in the exercise of land ownership in order to allow the passage of heavy equipment without disregarding the defendant's intention, and further, C's act does not constitute traffic obstruction.

B. The crime of interference with general traffic under Article 185 of the Criminal Act is an offense in which the benefit and protection of the traffic safety of the general public is the legal interest, and the term “land” here refers to the wide passage of land actually used for the traffic of the general public. It does not lead to the ownership of the site, the relation of the right and the right of passage, or the large and hostile drinking of traffic users (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). Meanwhile, even if a road was constructed as a farm for the traffic of a road farmer, as long as the road was actually used as a road for the traffic of a road, such road is not for the traffic of the general public, but for the passage of another vehicle, if it interferes with the passage of such vehicle, it constitutes a interference with general traffic.