The defendant is innocent. The summary of this judgment shall be notified publicly.

A driver of a two-wheeled motor vehicle for a factory shall operate a two-wheeled motor vehicle by wearing a life protection cap and a safety cap, as prescribed by Ordinance of the Ministry of Public Administration and Security.

Nevertheless, on June 4, 2019, the Defendant operated a two-wheeled electric wheel chairs (one point five kilowatts, the maximum rated power of three kilowatts), without wearing a safety cap on the roads near B in the front city of 15:38 on June 4, 2019 (hereinafter “the external wheel chairs of this case”).

Issues and Determination

1. The key issue is Article 50 (3) of the Road Traffic Act provides that "the driver of a two-wheeled motor vehicle and a motorcycle shall wear and operate life protection outfits prescribed by Ordinance of the Ministry of Public Administration and Security, and shall also wear the passengers." Article 156 (6) of the Road Traffic Act provides that a person who violates the above provision shall be punished by a fine not exceeding 20,000 won, by penal detention, or by a minor fine. The facts charged in this case where each of the above provisions is applicable mutatis mutandis are premised on the premise that the external wheelchairs of

For motorcycles under the Road Traffic Act, the motor of a two-wheeled vehicle with engine displacement of not more than 125cc or less than 50cc displacement (in the case of a two-wheeled vehicle with engine displacement, less than 0.59kw of rated power) among two-wheeled vehicles under Article 3 of the Automobile Management Act, means the motor vehicle (excluding electric bicycles under Article 2 subparagraph 1-2 of the Act on Promotion of the Use of Bicycles) (see Article 2 subparagraph 19 of the Road Traffic Act), and the external wheelchairs of this case are 1.5kw of rated power, so there is no room for the external wheelchairs of this case to constitute a motorcycle.

2. Determination

A. For a two-wheeled motor vehicle under the Road Traffic Act, meaning a two-wheeled motor vehicle under Article 3 of the Motor Vehicle Management Act (see Article 2 subparagraph 18 of the Road Traffic Act), and Article 3 (1) 5 of the Motor Vehicle Management Act means transporting one or two persons regardless of the size of total displacement or rated output.