자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 1, 2013, at around 00:33, the Plaintiff driven a C vehicle in front of 703 vehicles in the Ganhae B apartment complex (hereinafter “instant apartment”) under the influence of alcohol with a blood alcohol content of 0.138%.
B. Accordingly, on August 27, 2013, the Defendant issued a disposition to revoke the license stated in the purport of the claim to the Plaintiff (hereinafter “instant disposition”).
C. The Plaintiff underwent the pre-trial procedure.
【Fact-finding, Gap’s evidence 1, 2 (including partial number of defenses; hereinafter the same shall apply), Eul’s evidence 1, 14, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) was true that the Plaintiff was driving under the influence of alcohol at the time, but the place where the Plaintiff was driving is a parking lot in an apartment complex, and the security guards are under the control of external vehicles, such as attaching a Stick for Violation of Motor Vehicle Parking Regulations to vehicles without the resident’s sign. Thus, even if the Plaintiff was driving under the Road Traffic Act, it does not constitute a ground for revocation of the driver’s license even if the Plaintiff was driving under the influence of alcohol because it does not fall under the road under the Road Traffic Act. (ii) The Plaintiff returned to the instant apartment complex by using a substitute engineer, but went into the instant apartment complex, sent the substitute engineer, and led to a sudden driving while driving under the influence of alcohol.
B. 1) In addition to roads under the Road Act, the roads under the Toll Road Act, the roads under the Toll Road Act (b) and the rural roads under the Act on the Maintenance and Improvement of Road Systems (c) in addition to the roads under Article 2 subparagraph 1 of the Road Act, the “road” includes the places where it is necessary to secure safe and smooth traffic of a large number of unspecified persons, motor vehicles, and horses. The roads under the above item (d) include the public places where it is actually necessary to ensure safe and smooth traffic.