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(영문) 서울북부지방법원 2019.05.16 2019고정297
일반교통방해
Text

Defendants are innocent.

Reasons

1. The Defendants are co-owners of roads of approximately 30 meters in length and approximately 4 meters in width (purchase on July 3, 2018) in mid-gu Seoul Metropolitan Government.

On November 2, 2018, the Defendants jointly obstructed the traffic of fluorum pole (hereinafter “brud”) at the center of the end of both sides of the road at the domicile of the Defendants.

2. Interference with general traffic under Article 185 of the Criminal Act is an offense that protects the traffic safety of the general public, with the aim of punishing all acts making traffic impossible or remarkably difficult due to interference with traffic by damaging land, road, etc. or blocking by obstacles;

According to the following circumstances acknowledged by the evidence duly adopted and investigated by the court, it is recognized that the Defendants constructed a blick-gu Seoul Central Government D Road (hereinafter “instant Road”) on both sides of the D Road, thereby failing to meet the requirements as a road under the Building Act, but further, it cannot be deemed that the Defendants’ failure to meet the requirements as a road under the Building Act, thereby interfering with the traffic of the public.

Therefore, the evidence submitted by the prosecutor alone is not sufficient to deem that the Defendants made it impossible or considerably difficult to pass through by the general public due to interference with the traffic of the general public, and there is no other evidence to acknowledge it.

1. The complainant E newly built a building on each site of F, G, and H in Jung-gu Seoul Central Government.

At the time of the construction of the above building, E was left back as much as 0.7 meters from the building line as the width does not secure 4 meters from the cadastral map of the road of this case as required by the Building Act, and obtained approval for use of the building by securing four meters in the winter width.

(Evidence Records 52 pages) The number of parking lots of the building above is parked in the parking planning map as far as possible, much more than the rear line of the building line, but E runs away from the width secured by the road under the Building Act to the boundary of the cadastral map.

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