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(영문) 대구지방법원 서부지원 2015.03.27 2015고정43
일반교통방해등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 4, 2014, at around 10:17, the Defendant: (a) while operating the CP sports cargo vehicle owned by the Defendant on the road in front of the Busan Seo-gu merchants' Dong, Seo-gu, Daegu, the Defendant left the said cargo vehicle on a road along the city guard due to the vehicle traffic problems; (b) left the city guard due to the vehicle traffic problems; and (c) left the site by leaving the said vehicle on the road by not later than 10:32 of the same day, left the road, thereby obstructing the traffic of the road along the land; and (d) left the road that might interfere with the traffic.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of D and E;

1. Application of statutes on field photographs;

1. Relevant statutory provisions concerning criminal facts, Article 185 (General Traffic Obstruction) of the Criminal Act, Article 152 (4) and Article 68 (2) of the Road Traffic Act (Article 152 (2) of the Road Act (Article 68 (2) of the Road Act) (Article 68 (3) of the Road Traffic Act provides that the place where the defendant left his/her vehicle does not constitute a road under the Road Traffic Act because it does not constitute a crime of violation of the Road Traffic Act. However, roads under the Road Traffic Act include all places where it is actually necessary to ensure safe and smooth traffic of unspecified persons or motor vehicles and horses, other than roads under the Road Act and toll roads under the Toll Road Act. According to evidence duly adopted and investigated by the court, the place where the defendant left his/her vehicle, as well as vehicles permitted by the park management office, is open to the public place where many unspecified persons enter the temple, etc., can pass through the temple, etc., and it does not constitute a road under the Road Traffic Act. The defendant left the vehicle and interfere with safe and smooth traffic of the traffic of the persons.

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

1. Selection of an alternative fine for punishment;

1. The Criminal Act for the detention of a workhouse;

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