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(영문) 춘천지방법원 원주지원 2017.07.24 2017고정7
일반교통방해
Text

The defendant shall be innocent.

Reasons

1. On February 5, 2016, the Defendant: (a) obstructed traffic along land by way of parking a vehicle over a total of 10 times during the period from around the time to July 3, 2016, including: (b) the owner of the original city B; and (c) the road that enters the dry field of D located in C around the end of February 5, 2016.

2. Determination

A. The purpose of interfering with general traffic safety under Article 185 of the Criminal Act is to punish all acts that make it impossible or considerably difficult to pass by interfering with traffic by destroying or blocking traffic by obstacles (see, e.g., Supreme Court Decision 95Do1475, Sept. 15, 1995). Here, the term “land” refers to a place provided for public traffic, i.e., a place of public nature where many and unspecified persons or horses are allowed to freely pass by, without limiting a specific person, (see, e., Supreme Court Decisions 83Do2617, Sept. 11, 1984; 2002Do7292, Feb. 28, 2003; 205Do7275, Feb. 26, 2007). However, if the ownership of a building site, traffic relation of a vehicle, or traffic congestion by a person is not likely to interfere with the traffic safety of the defendant, it is not impossible or impossible to interfere with the foregoing.

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