The defendant's appeal is dismissed.

1. Article 63 of the Road Traffic Act, which provides the grounds for the punishment of the accused of the reasons for appeal, excludes two-wheeled motor vehicles from the motor vehicle that can pass along the exclusive road, and is subject to criminal punishment if a two-wheeled motor vehicle passes along the exclusive road;

However, it is not reasonable to limit fundamental rights on the basis of the death rate, and considering the fact that the occurrence rate of an accident on a motor vehicle-only road or the number of the dead is lower than that on a general road, it cannot be deemed that the motor vehicle-only road is more dangerous than that on a general road, to punish a motor vehicle-only motor vehicle when operating a two-wheeled motor vehicle on a motor vehicle in the world is excessively infringing on fundamental rights, and thus, is in violation of the Constitution.

The Defendant alleged to the effect that Article 63 of the Road Traffic Act was in violation of the Constitution, and that the Defendant filed an appeal to institute a constitutional complaint (after filing an application for adjudication on the constitutionality of a law), but did not file an application for a separate adjudication on the constitutionality of a law (Article 41(2) of the Constitutional Court Act provides that a written application for adjudication on the constitutionality of a party shall be made with a document stating the specified matters). Accordingly, the Defendant’s assertion on the grounds of appeal that the said provision is in violation of the Constitution.

2. Article 63 of the Road Traffic Act (hereinafter “instant legal provision”) provides that “The driver or pedestrian of a vehicle other than a motor vehicle (for a two-wheeled motor vehicle, motor vehicle is limited to an emergency motor vehicle) shall not walk or cross the expressway, etc.” (the term “road, etc.” refers to an expressway and motor vehicle-only road.

Article 57 of the Road Traffic Act (Article 57 of the Road Traffic Act) prohibits the passage of two-wheeled motor vehicles, which are not emergency motor vehicles, by a fine not exceeding 30,000 won, or by detention, if violated.