logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2013.08.09 2012고정619
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 6, 2012, the Defendant: (a) laid off soil at a height of one meter from the entrance of the access road to the land of Seosan-si, Seosan-si, D (6,54mm2) to prevent vehicles from passing through, and damaged part of the access road by means of piling up soil at a height of one meter; and (b) obstructed the victim’s rice purchasing storage business, F, G, H, and three parcels of land outside the limit of 3 and above ground storage; (c) one single unit of single-story house; and (d) one unit of one unit of other building operated by the victim I in one building; (d) a rice shipping vehicle of Hensns’ eggs sales; (e) a vehicle transporting Hens’ eggs; (e) a vehicle transporting Hens’ eggs; and (e) interfere with the victim’s rice purchasing warehouse

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, J and K;

1. Application of the Government's contract for grain storage, survey result map, satellite photographic Acts and subordinate statutes, such as site photographs and certified copies;

1. Article 185 of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Recognizing the fact that the alleged passage of this case prevents soil from piling up and destroying part of concrete by using caters on the road of this case, but it is unclear whether the passage of this case does not contribute to the road of this case and its business obstruction has been realized, so the defendant is not guilty of a crime.

2. First of all, the determination of the crime of interference with general traffic under Article 185 of the Criminal Act is an offense, the legal interest of which is the protection of the traffic safety of the general public. Here, the term "land passage" refers to the wide passage of land used for the traffic of the general public. It does not go through the ownership relation of the site, the traffic right relation, or the large and red voice of traffic users (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). However, according to the records, the passage of this case is ordinarily used without going through the passage of this case.

arrow