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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, Articles 154 subparag. 6 and 63 of the Road Traffic Act, which stipulate that a motorway shall be designated and prohibit the passage of two-wheeled motor vehicles and punish them, are unfair laws that restrict the fundamental rights of the people guaranteed by the Constitution without any reasonable grounds, and the judgment of the court below which found the Defendant guilty of the facts charged in this case on the grounds of the above provisions of the Road Traffic Act, which affected the conclusion of the judgment by misapprehending the legal principles. 2) The Defendant, who is the destination, was forced to enter the exclusive exclusive road of 37 times in common in the direction of an ordinary ethic road in the insular intersection in the insular city in the inssular city (hereinafter “instant exclusive road”). Thus, it is unlawful to punish the Defendant by applying the above provisions of the Road Traffic Act.
B. The sentence (200,000 won of fine) sentenced by the lower court is too unreasonable.
2. Determination
A. The judgment of the lower court as to the misapprehension of the legal doctrine is one-wheeled automobile, and the driver is likely to be separated from the body of the vehicle even if the driver only received minor shocks due to the structure of being exposed to the outside
Due to these characteristics of these structure, two-wheeled vehicles are highly likely to cause traffic accidents compared to ordinary vehicles, and the death rate is high at the time of the accident.
In light of the structural characteristics of a two-wheeled vehicle and the importance of the result of the accident, it is necessary to prohibit passage on the motorway of a two-wheeled vehicle in order to ensure the safety and traffic safety of the driver of the two-wheeled vehicle. Therefore, providing for criminal punishment for a person who has passed the motorway by driving the two-wheeled vehicle is consistent with the purpose of the Road Traffic Act, which aims to prevent and eliminate all traffic risks and obstacles that occur on the road and ensure the safe and smooth traffic.