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The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Gangseo branch court.
Reasons
The grounds of appeal are examined.
1. The summary of the facts charged in the instant case and the summary of the violation of the Road Traffic Act (unlicensed Driving) among the issues charged in the instant case are as follows: (a) the Defendant, without obtaining a driver’s license, driven GM6-car from the 110-dong underground parking lots from the 110-dong apartment to the 113-dong underground parking lots of the same apartment from the 113-dong underground parking lots (hereinafter “instant parking lot”) on May 14, 2017, at approximately 50 meters away from the 110-dong underground parking lots to the 113-dong underground parking lots.
The lower court affirmed the first instance judgment that convicted the Defendant of the above charges on the ground that the Defendant’s act constitutes a non-licensed driving in violation of Article 152 subparag. 1 and Article 43 of the Road Traffic Act.
The key issue of the instant case is ① whether driving without a license is a road only when driving the road on the road.
2. Where any person fails to obtain a driver's license from the Commissioner General of the Local Police Agency or the validity of a driver's license is suspended pursuant to Article 80, Article 43 of the Road Traffic Act as to whether only the driver's license is applied to drive a road under the Road Traffic Act, he/she shall not drive a
Article 43 of the Road Traffic Act (Article 152 subparag. 1 of the Road Traffic Act) provides that “A road” refers to a road under the Act, a road under the Toll Road Act, a road under the Toll Road Act (b) and an agricultural and fishing village road under the Non-Act on the Maintenance and Improvement of Agricultural and Fishing Villages, and other places open to the public in reality to ensure safe and smooth flow of traffic of many and unspecified persons or motor vehicles (Article 43).
Article 2 subparag. 26 of the Road Traffic Act provides that the term "driving" means using a horse on a road in accordance with its original purpose and use (including operation) but the following cases include driving of a vehicle at a place other than a road:
(1)