The defendant's appeal is dismissed.

1. The electric motor vehicle of this case operated by the defendant does not constitute a two-wheeled motor vehicle under Article 3 of the Automobile Management Act;

Nevertheless, the court below judged that the above electric vehicle constitutes a two-wheeled automobile, and found all of the charges of this case guilty, and the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

2. Determination

(a) Article 2 (Definitions) of the Automobile Management Act (Definition) of the relevant statute is defined as follows:

1. The term “motor vehicle” means an instrument manufactured for the purpose of movement on land by an engine, or an instrument manufactured for the purpose of movement on land by being towed (hereinafter referred to as the “wing vehicle”);

Provided, That those prescribed by the Presidential Decree shall be excluded.

For the purpose of the proviso of subparagraph 1 of Article 2 of the Enforcement Decree of the same Act (automobile excluded from the application), the term “those as prescribed by the Presidential Decree” means:

1. Construction machinery under the Construction Machinery Management Act;

2. Agricultural machinery under the Agricultural Mechanization Promotion Act;

3. Vehicles under the Military Supplies Management Act;

(1) Automobiles shall be classified into passenger automobiles, buses, trucks, special automobiles, and two-wheeled automobiles according to the standards prescribed by Ordinance of the Ministry of Construction and Transportation, such as the size and structure of automobiles, kinds of motors, total engine displacement or rated output, etc.

(1) The types of motor vehicles under Article 3 (1) of the Automobile Management Act (hereinafter referred to as the "Act") shall be classified as follows:

5. Two-wheeled automobiles: Automobiles with two wheels suitable for the transport of one person or two persons (including the automobiles attached to the two-wheeled automobiles, and the automobiles with three or more wheels derived from the two-wheeled automobiles): Provided, That those the engine displacement of which is less than 50cc (electric power).