beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the misapprehension of the legal principles on factual mistake or the violation of the Road Traffic Act (unlicensed driving), since the home set parking lot operating a motor vehicle of this case does not correspond to the "road" as provided by the Road Traffic Act, the crime of violating the Road Traffic Act (unlicensed driving) is not established.
B. The sentence that the court below sentenced to the defendant (the penalty amounting to KRW 10 million) is too unreasonable.
2. Determination
A. Determination of misapprehension of the legal doctrine on the assertion of misunderstanding of the facts or misapprehension of the legal doctrine is based on authorization to determine whether the part constitutes a road under Article 2 subparag. 1 of the Road Traffic Act, which is practically open to the public for the purpose of maintaining traffic order, in light of the management and use of the relevant place, where the part is practically an unspecified number of people or vehicles, or where the general police power is exercised for the purpose of maintaining traffic order, or only a specific person or a person with a specific building related thereto, can be used and managed autonomously
According to the evidence duly admitted and examined by the court below and the court below, the vehicle driving place of the above vehicle is a parking lot annexed to the home set adjacent to the road and connected to the hot water path through delivery. The vehicle driving on the road can immediately enter the road. The above place did not have access control due to the relationship with no management personnel or blocking facilities, and the defendant also did not have access to the above place and parked the vehicle.
According to the above facts, the above place cannot be seen as a place where only a specific person or a person with a specific building related thereto can be used, and in reality, it is necessary to secure safe and smooth transportation of traffic in an open area for the passage of an unspecified number of people or vehicles.