Incheon District Court Fines Man 3 Million Won
for Blocking Apartment Entrance with Unregistered Vehicle
In the early morning, a man in his 30s drove an unregistered vehicle and, after being blocked at the barrier, claimed he was angry and proceeded to block the entrance to an apartment complex with his vehicle for more than 10 hours. As a result, he was fined.
On April 25, Yonhap News reported that Kim Saetbyeol, a judge at the Incheon District Court Criminal Division 11, sentenced Mr. A (35), who was indicted on charges of obstruction of general traffic and interference with business, to a fine of 3 million won.
Mr. A was indicted for leaving a van in front of the visitor vehicle entrance of an apartment complex in Seo-gu, Incheon, from around 5:35 a.m. for 10 hours and 30 minutes on May 7 of last year, thereby obstructing the passage of other vehicles.
As a resident of the apartment, Mr. A attempted to enter the parking lot driving a van borrowed from an acquaintance. However, as the vehicle was unregistered, he was denied entry. In anger, he abandoned the vehicle at the entrance and left the scene.
Upon receiving a report at the time, the police dispatched to the scene determined that Mr. A was interfering with the operations of the apartment management office and forcibly towed the vehicle to the police station. This was an unusual measure compared to previous cases, where the police or the relevant district office failed to promptly tow problematic vehicles in similar situations.
Judge Kim stated, "Considering the circumstances, nature, and method of the crime, the case is not minor," and pointed out, "Mr. A's actions caused significant inconvenience to apartment residents and visitors." However, she explained the sentencing by adding, "The defendant has admitted his wrongdoing, is reflecting on his actions, and the duration of the offense was not extremely long."
Previously, in August of last year, there was another case in which a man in his 40s was fined for blocking the entrance to an apartment parking lot with his vehicle for an extended period after becoming enraged when he was not issued an entry permit.
At that time, Mr. B was indicted for blocking the driveway at the main entrance to the apartment parking lot with a passenger car for about 18 hours, thereby making it difficult for vehicles to enter the apartment complex. He committed the offense because the apartment management office refused to issue him a vehicle entry permit. The court stated, "The nature of the crime is serious," but also considered, "The defendant has admitted his wrongdoing and shown remorse."
Meanwhile, even when similar incidents occur repeatedly, the reason the police and the relevant district office are unable to tow problematic vehicles is that the incident location is private property. Under the Road Traffic Act, authorities can order the removal of vehicles parked in prohibited areas, but such regulations do not apply to internal apartment roads, which are private property, making administrative action difficult.
Additionally, under the Automobile Management Act, for a vehicle to be forcibly towed as an abandoned vehicle, it must be left unattended for at least two months, among other conditions. As a result, immediate action is virtually impossible.
However, in this recent case in Seo-gu, Incheon, the police were able to take swift action by actively applying the charge of interference with business, having secured CCTV footage and witness statements. The police focused on the fact that Mr. A blocked the apartment entrance with his vehicle, thereby interfering with the security guard's duties of managing parking and traffic, and causing disruptions to traffic flow within the apartment complex.
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