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(영문) 전주지방법원 군산지원 2021.02.10 2020고정323
일반교통방해
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 3, 2020, the Defendant: (a) around 22:33, the 4:5-3 (on the port side), a main road, in the following cities: (b) around 22:3, the Defendant 5-3 (on the port side), a road, while driving C vehicles, had the Defendant walked once a warning while driving the vehicle, making it considerably difficult for the Defendant to flow the vehicle for about 10 minutes, such as blocking the said vehicle from driving along the center line of the one lane and making the fingers, etc.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has partially made a statement in court by witness B of the defendant;

1. Each police statement made with respect to B or D;

1. The defendant and his defense counsel's assertion of each internal investigation report, on-site photographs, confluences, and motion pictures, the defendant and his defense counsel reported the Central Line B driving a scambling and prevented him from flying, and there was no intention to obstruct traffic, and therefore, they did not have any intention to obstruct traffic or significantly difficult condition.

The argument is asserted.

The crime of interference with general traffic is a crime of protecting the traffic safety of the general public, which is a legal interest, and is an abstract dangerous offense punishing not only the act that makes the passage impossible or remarkably difficult by interfering with the traffic by other means, and thus, the traffic is impossible or considerably difficult (see Supreme Court Decision 2017Do9146, May 11, 2018, etc.). However, the circumstances acknowledged by this court based on the evidence duly adopted and examined by this court are as follows: (i) in an investigative agency and a court, (ii) a vehicle is parked on both sides of the road of this case at the time, and (iii) a traffic along the central line was driven, but the Defendant, who is walking along the road of this case, reports the median-line erosion by the front-way Defendant, provokinging on the road of this case, by blocking the front-way of the vehicle.

During 10 minutes, vehicles could not be pushed down in both directions of the road, and the report was made.

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