도로교통법위반
The defendant's appeal is dismissed.
1. Article 156 subparag. 2 and Article 6(1) of the Road Traffic Act, which provides that Article 156 subparag. 2 and Article 6(1) of the Road Traffic Act, which designates a key point of the grounds for appeal, prohibits passage of two-wheeled motor vehicles and punishs such designation, is an unreasonable law that limits the fundamental rights of the people guaranteed by the Constitution without any reasonable grounds,
2. The judgment of the two-wheeled vehicle is easy for the driver to be separated from the body of the vehicle, even if the driver was only shocked by the minor shocking structure.
Due to these characteristics of these structure, two-wheeled vehicles are highly likely to cause traffic accidents compared to ordinary vehicles, and the death rate is high at the time of the accident.
In light of the structural characteristics of a two-wheeled motor vehicle and the importance of the result of the accident, it is highly necessary to prohibit the passage of a two-wheeled motor vehicle driver on the motorway in order to ensure the safety of the two-wheeled motor vehicle driver and the speed and safety of traffic. Therefore, the provision that a person who drives a two-wheeled motor vehicle shall be subject to criminal punishment for a person who drives a two-wheeled motor vehicle is in conformity with the purpose of the Road Traffic Act aimed at preventing and removing all traffic risks and obstacles
Furthermore, since motorways are designated in cases where there are other roads for general traffic that contact the said sections, even if the Road Traffic Act of this case prohibits a two-wheeled vehicle from passing along the motorways, it cannot be deemed as infringing on the essential contents of the freedom and rights of the two-wheeled vehicle operators, in that the Road Traffic Act of this case minimizes inconvenience caused thereby, and it is a two-wheeled vehicle to prohibit passage of the two-wheeled vehicle while allowing passage of the two-wheeled vehicle when comparing with the general automobiles