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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 26, 2020, the Defendant interfered with traffic by making the above land flow off by installing 315 cm wide and 120 cm high prior to the Cheongju-si, a place public for the traffic of the general public.

Summary of Evidence

1. The defendant's partial statement in court C and D's each legal statement;

1. A protocol concerning the examination of the police officers of the accused;

1. Determination as to the assertion by the defendant and defense counsel in the police statement protocol against C

1. The main point of the argument B B (hereinafter referred to as the “road”) did not correspond to the “land access” of the general traffic obstruction, and provided time to allow people to pass by installing fences, and allowing people to receive keyss through the village passbook if it is necessary to pass by the vehicle.

B. The defendant notified the village residents in advance, and then he did not have any intention to obstruct traffic since he had a banner and a pentle installed after hearing the opinions of the Cheongju-si.

2. Determination

(a) Interference with general traffic safety 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 by interfering with traffic by destroying land, road, etc. or blocking by obstacles;

Here, the term "landway" refers to a place provided to the general public for traffic, that is, a place of public nature in which many and unspecified persons or persons are allowed to freely pass through without any specific person.

Even in cases where a person using a road is small, it may constitute land stipulated in the above provision, but a road that passes through with the temporary permission of the owner of the land with another road having access to the public road, or is merely a place where the owner of the land uses it in a personal way and uses it, and is an incidental place for another person’s passage, does not constitute land stipulated in the above provision (Supreme Court Decision 2016Do12563 Decided April 7, 2017).