The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. A summary of the grounds for appeal (misunderstanding of the legal principles) is not applicable to “motor vehicles, etc.” to which the Road Traffic Act applies, and even if the electric wheelchairs of this case are driven after drinking, it cannot be punished as a crime of violating the Road Traffic Act.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Judgment on the defendant's assertion

(a) The details of the relevant statutes are as shown in the attached statutes;

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the electric wheelchairs of this case operated by the defendant can be acquired and used without reporting the use pursuant to Article 3 (1) 5 of the Automobile Management Act, in light of the structure, use, size, form, etc. of the electric wheelchairs of this case. However, it constitutes “motor vehicles, etc.” under Article 44 (1) of the Road Traffic Act.

In the same purport, the court below is just in finding the defendant guilty of the facts charged of this case, and there is no error of law by misunderstanding the legal principles

1) Article 44(1) of the Road Traffic Act is prohibited from driving a motor vehicle under the influence of alcohol.

Article 148-2 of the same Act provides that a person who violates Article 44(1) of the same Act shall be punished.

Here, “motor vehicles, etc.” refers to motor vehicles and motor bicycle ridings (Article 2 subparag. 21 of the same Act), and “motor vehicles” refer to motor vehicles under Article 3 of the Motor Vehicle Management Act among the lanes that are driven by motor without using any yellow or installed line (Article 2 subparag. 18 (a) of the same Act). Therefore, in order to punish Defendant as a crime of drinking alcohol, it should fall under “motor vehicles, etc., such as the electric wheelchairs of this case.”

2) Subparagraph 1 of Article 2 of the Automobile Management Act is “motor vehicles” manufactured for the purpose of movement on land by motor.