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The Defendants’ appeal is dismissed.
Reasons
[Defendant A]
1. Summary of grounds for appeal;
A. Articles 154 subparag. 6 and 63 of the Road Traffic Act, which provide that a person designates a motorway for two-wheeled motor vehicles and prohibit and punish the traffic of two-wheeled motor vehicles, may not be verified to have reduced traffic accidents due to the said statutory provisions; rather, the expressway and motorway for two-wheeled motor vehicles (hereinafter “motor vehicles, etc.”) may be deemed to have lower possibility of traffic accidents involving two-wheeled motor vehicles, unlike ordinary roads, and most countries allow two-wheeled motor vehicles to travel on the expressway, etc. without reasonable grounds. In light of the fact that the road law, which limits the fundamental rights of citizens guaranteed by the Constitution, is unreasonable.
Therefore, the judgment of the court below which found the Defendant guilty based on the above provision of the Road Traffic Act is erroneous in the misapprehension of legal principles and affected the judgment.
B. The sentence imposed by the court below on the defendant (the fine of 300,000 won) is too unreasonable.
2. Determination
A. (i) The two-wheeled vehicle is easy for the driver to be separated from the body of the vehicle even if the vehicle is light due to the structure that the driver is exposed to the outside, and it is easy for the driver to rapidly change the lane and the direction compared to the ordinary vehicle.
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 necessary to prohibit the passage of a two-wheeled motor vehicle on the motorway for the safety of the driver of the two-wheeled motor vehicle and the speed and safety of traffic, so it is necessary to punish a person who has passed the motorway by driving the two-wheeled motor vehicle on the road.