Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants: (a) operated the instant electric vehicle according to a contract with the assigned group; (b) sought an inquiry from the competent authority to obtain registration or temporary operation permission; (c) but did not obtain registration or temporary operation permission due to the lack of relevant laws; (d) although the instant electric vehicle does not fall under a motor vehicle subject to registration under the Automobile Management Act or the Passenger Transport Service Act, the lower court determined that it constitutes a motor vehicle subject to registration; and (e) found the Defendants guilty of the facts charged in the
B. In light of all the circumstances, including the fact that the Defendants operated the instant electric vehicle under a contract with the imposing group of unfair sentencing and that the benefits acquired by the crime are not significant, the sentence (the Defendant’s each fine of KRW 1.5 million) imposed by the lower court is too unreasonable.
2. Determination
A. With regard to the assertion of misapprehension of legal principles, the Automobile Management Act provides that “automobile 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 “motor vehicle”) except for those prescribed by the Presidential Decree (Article 2 subparag. 1).” Article 2 of the Enforcement Decree of the same Act provides that “construction machinery under the Construction Machinery Management Act” (Article 2 subparag. 1) “construction machinery under the Construction Machinery Management Act” (Article 2 subparag. 1), “agricultural machinery under the Agricultural Mechanization Promotion Act” (Article 2 subparag. 2), “vehicles under the Act on the Management of Military Supplies (Article 3),” “vehicles under the Act on the Management of Military Supplies (Article 4)”, and “electric vehicles (Article 4) operated by rail or aerial railway (Article 4)” are used as power sources, barring special circumstances.