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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle), the instant vehicle driven by the Defendant constitutes an automobile under the Road Traffic Act, and thus, the Defendant’s driving without a driver’s license for the instant vehicle as stated in the facts charged constitutes a crime of violation of the Road Traffic Act (unlicensed driving). However, the lower court acquitted the Defendant of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.
2. Determination
A. On March 6, 2016, the Defendant driven a vehicle B without obtaining a driver’s license on the front side of the deep-sea village located in the lurdodo-Eup, Seodo-si, Glurdo-si on March 6, 2016.
B. The judgment of the court below is based on the following circumstances acknowledged by the evidence duly adopted and examined at the court below, i.e., ① a construction machinery operator shall obtain a construction machinery operator's license pursuant to the main sentence of Article 26 (1) of the Construction Machinery Management Act in order to operate a vehicle that has a construction machinery falling under the construction machinery stipulated by the Construction Machinery Management Act (hereinafter "Act"), and to acquire technical qualifications in the relevant field under the National Technical Qualifications Act and pass an aptitude test (Article 26 (3) of the Act). ② In the case of "a vehicle that has less than three tons" falling under "small construction machinery prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport", the above technical qualifications can be acquired as an educational course on the operation of a small construction machinery (Article 26 (4) of the Act), and a driver's license should be held to operate "a vehicle that has less than three tons."
Article 73(3) of the Act and Article 75 [Attachment 21] of the Enforcement Rule shall apply to the operation of "the fork's own or fork's own vehicles of less than three tons."