The prosecutor's appeal is dismissed.

The main point of the grounds for appeal is that the court below interpreted the concept of "the above" as "the road" under Article 2 subparagraph 1 (a) of the Road Traffic Act (the Road Act) without any particular ground, even though it only provides for the "road" operated at a place other than a road [road pursuant to Article 2 subparagraph 1 of the Road Traffic Act] among the construction machinery that is required to obtain a construction machinery operator's license as an exception to the construction machinery that is required to obtain a construction machinery operator's license under the Construction Machinery Management Act.

As such, the court below erred by misapprehending the legal principles on the scope of construction machinery to be obtained from the construction machinery operator operator under the Construction Machinery Management Act, and found the Defendant not guilty of violating the Construction Machinery Management Act due to the instant unauthorized driving.

2. Determination

A. The summary of the facts charged is the person who drives a vehicle with 1.5 tons prior to driving.

On September 10, 2018, around 10:06, the distance of about 20 meters from the C parking lot located in Yangsan City B is driving the vehicle without a construction machinery operator's license without a construction machinery operator's license.

B. The lower court determined as follows: (a) Article 2(1)1 of the Construction Machinery Management Act and Article 2(1)1 of the Enforcement Decree of the same Act provide that among the roads owned by the owner pursuant to Article 2(1)1 of the Construction Machinery Management Act and attached Table 2(1) of the Enforcement Decree of the same Act, the roads [referring to roads under Article 2 of the Road Act (Article 2 of the Road Act) consisting of facilities prescribed by Presidential Decree, such as roads, sidewalks, bicycle lanes, side roads, tunnels, bridges, bridges, and overpasses, and road appurtenances are included; and (b) Article 10 provides that the kinds of roads include motorways (including branch lines of national expressways), general national highways (including branch lines of national highways), Special Metropolitan City roads, Metropolitan City roads (Metropolitan City roads), Metropolitan City roads, Do roads, Si roads, Gun roads, and Gu roads.

(iii) operate only at places other than [referring to].