Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On March 17, 2014, the Defendant laid off soil above 50-50cm above the above 50m width of the road at 40-50cm in order to obstruct the traffic of roads with a width of 5.2m wide in C and D around March 17, 2014, and obstructed traffic by reserving composts at a height of 30-40cm on the earth filled up around March 30, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photographs before and after the case

1. Relevant Articles of the Criminal Act and Article 185 of the Criminal Act concerning criminal facts;

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

1. The defendant and his defense counsel asserted that the crime of this case does not constitute an act interfering with general traffic since the defendant is the owner who succeeds to the road of this case and properly uses his own land.

However, the crime of interference with general traffic under Article 185 of the Criminal Act is an offense, the legal interest of which is the protection of the safety of traffic in the general public. Here, the term "land passage" refers to the wide passage of land actually used for the traffic in the general public, and the ownership relation of the site, traffic rights relation, or a large number of persons passing through the road, etc. (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). According to the evidence of the judgment, it is reasonable to determine that the road of this case is "land passage" under Article 185 of the Criminal Act, which has been used for about 40 years by the lus residents and vehicles leading to the road linking the owner of the road.

Nevertheless, since the Defendant embling the compost on the road of this case causing inconvenience to people's passage and de facto difficulty in passing the vehicle, it constitutes a general traffic obstruction against the Defendant.

The defendant in the reason for sentencing is the Daejeon High Court on January 28, 201.