The defendant is innocent. The summary of the judgment of innocence shall be published.

1. On December 3, 2013, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on July 31, 2014, the same court received a summary order of KRW 3 million for a violation of the Road Traffic Act.

On January 4, 2016, at around 21:25, the Defendant driven G albbb, while under the influence of alcohol content of about 0.195% without obtaining a motorcycle driver’s license from the front side of D in Seo-gu Busan to the front side of F. E, which is located in Seo-gu, Busan.

2. Determination

A. Article 2 subparagraph 26 of the Road Traffic Act provides that the term "driving of a motor vehicle" means the use of a motor vehicle or horse on the road in accordance with its original purpose and use (including the operation of a motor vehicle) and Article 2 subparagraph 18 of the Road Traffic Act provides that the term "motor vehicle" means a motor vehicle that is driven by using a motor without using a railway or a temporarily installed line, so that it falls under the use of a motor vehicle according to its original purpose and method of use.

In addition, in light of the original function of the automobile and the legislative intent of the Road Traffic Act, it is not sufficient to start the engine, and it is sufficient to complete the so-called operation of the engine, and it is sufficient to do so.

(see, e.g., Supreme Court Decision 98Da30834, Nov. 12, 199). Meanwhile, Article 2 subparag. 19 of the Road Traffic Act provides that the term “motor bicycle” means a two-wheeled vehicle with engine displacement not exceeding 125cc and a vehicle with engine displacement not exceeding 50cc, among two-wheeled vehicles under Article 3 of the Automobile Management Act, which falls under any one of the two-wheeled vehicles with engine displacement not exceeding 125cc.

(b).