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(영문) 창원지방법원 2015.10.20 2015노1800
일반교통방해
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles recognize the fact that a vehicle cannot pass on the 15 minutes road by piling up construction materials, such as a composite board, at the center of the road of this case. However, although such materials alone cannot be deemed as hindering traffic, the court below erred by misapprehending the legal principles on traffic obstruction and thereby adversely affecting the conclusion of the judgment.

B. The Defendant asserts that the sentence imposed by the lower court (a fine of three million won) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On February 16, 2015, the Defendant: (a) around 14:35, the facts charged in the instant case interfered with traffic by allowing the passage of a vehicle via the road on the front of the C Office located in the Changwon-si, Changwon-si; (b) a vehicle parked on both sides of the road, on the ground that there is inconvenience in walking due to a vehicle parked on both sides of the road; and (c) a combined board, etc. loaded in front of the said office, which was loaded in front of the said office, to the center of the road; and (d) preventing the passage of the vehicle on the road for about

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. 1) The purpose of Article 185 of the relevant legal principles is to punish all acts of causing the passage of the general public by damaging or infusing land roads, etc. or obstructing traffic by other means (see, e.g., Supreme Court Decision 2008Do10560, Jan. 30, 2009). 2) The evidence as shown in the facts charged in the instant case is that there is a police protocol against D and a field photograph.

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