(영문) 서울중앙지방법원 2016.11.22 2016고정397

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(영문) 서울중앙지방법원 2016.11.22 2016고정397

일반교통방해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From April 18, 2015 to 16:30 on the same day, the Defendant participated in an assembly of “the first cycle national conference” in which more than 10,000 persons participated in the Seoul Square, which was located in the 1st century in Jung-gu Seoul, Jung-gu, Seoul.

After the end of the assembly, the number of 10,00 people who participated in the assembly moved along from 16:30 to 8-lanes on the same day to a luminous square, and occupied the front lane with the side walls, etc., depending on the lusular road, the lusular road and the lusular road, and obstructed the traffic of the vehicle.

At around 16:36 of the same day with the above participants, the Defendant occupied the eight-lanes around the 22-lane adjacent to Jongno-gu Seoul, Jongno-gu.

Accordingly, the defendant conspired with the above participants in the assembly and interfered with the traffic on the land.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of information sources of D;

1. The report on assembly;

1. Photographss of illegal persons and documentary evidence of the circumstances;

1. A report on internal investigation (the confirmation of the place of occupation and use of roads under suspicion);

1. According to the evidence of the investigation report (such as assembly moving routes and documentary evidence screening, etc.), the progress route, and situation summary, the following facts can be acknowledged: (a) from 16:30 to 16:30 in the absence of a report, many participants started the Seoul square and moved toward the direction of the luminous square, and the Defendant moved along with the above participants in the assembly in the direction of the ethical ethmpic; and (b) the fact that the vehicle was driven along with the above participants. This constitutes a significant deviation from the scope of the report so as to make it impossible or considerably difficult for them to pass the vehicle.

In light of the details, contents, etc. of the assembly, it is reasonable to view that the defendant was aware that he/she was interfering with traffic by significantly deviating from the reported scope in order with other participants in the assembly.

In addition, the police installed the barriers or controlled some traffic.

유사 판례

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