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(영문) 수원지방법원 2018.10.31 2018노780
일반교통방해
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The Defendant’s instant act of the grounds for appeal revealed that the passage of the vehicle, other than one ton vehicles or automobiles, was impossible on the instant road as the instant act by the Defendant, and even if the Defendant sought understanding from D, the owner of the right road, thereby securing a substitute road.

Even if the establishment of a general traffic obstruction shall not affect the conclusion of such obstruction.

In addition, since one defendant has been stuffed to 2.5 tons or more in order to make the passage of vehicles impossible, it is sufficiently recognized that the defendant has the intention to interfere with general traffic.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant not guilty.

2. Determination

A. On April 1, 2017, the summary of the facts charged, the Defendant interfered with the passage of many unspecified vehicles by installing 10 posts on the instant road (hereinafter “the posts”) on the grounds that neighboring residents pass the Defendant’s land on the roads located in Gwangju-si, Gwangju-si (hereinafter “instant road”), and on the grounds that neighboring residents pass the Defendant’s land.

B. On the grounds indicated in its reasoning, the lower court determined that, on the grounds indicated in its reasoning, the Defendant’s installation of the posts in the instant case, merely limited the passage of certain vehicles on the instant road, and secured bypassing the remaining vehicles in advance, the evidence alone submitted by the Prosecutor alone was proven to the extent that there is no reasonable doubt as to whether the Defendant interfered with traffic by the Defendant’s act to make it impossible or significantly difficult, and whether the Defendant had intention to do so.

The lower court acquitted the instant charges on the ground that it cannot be said that the charges were charged.

(c)

Interference with general traffic safety under Article 185 of the Criminal Act, which is a crime of protecting general public's legal interests, is a crime of causing damage to or infusing land, etc. or interfering with traffic by other means.

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