1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine, it shall be 100.

Punishment of the crime

The defendant is the owner of the land B and C in the Gyeonggi-do, and the land category C has been used as a road where neighboring residents pass along the road.

Nevertheless, around 15:00 on March 19, 2018, the Defendant installed a gate on the land above C and parked the vehicle and obstructed the traffic of the said road.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Results of on-site inspections by this court;

1. Statement to E by the police;

1. Investigation report (field investigation);

1. A certified copy of cadastral map;

1. A certified copy of the register;

1. Application of statutes on site photographs;

1. Article 185 of the Criminal Act and Article 185 of the same Act concerning criminal facts and the choice of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The land in the part where a pents written in the summary of the argument is installed is used only in neighboring kindergartens, and is not a land used by many unspecified persons, and thus does not constitute land constituting a constituent element of general traffic obstruction.

B. Since a kindergarten has agreed with the Defendant not to use the land on which the pents are installed and installed the pents written in the facts charged, it does not constitute a general traffic obstruction.

C. There is no particular obstacle to the passage of a kindergarten on the road of merit even after installing a pen.

Therefore, the defendant's act was not significantly difficult to pass to the person visiting the kindergarten.

2. Determination

A. The general traffic obstruction is an offense in which the legal interest is the protection of the traffic safety of the general public, and the term “landway” refers to the wide passage of land actually used for the traffic of the general public, and does not include ownership relation of the site, traffic rights relation, or heavy and hostileness of traffic users (see, e.g., Supreme Court Decision 2001Do6903, Apr. 26, 2002). Meanwhile, the general traffic obstruction is an offense.