자동차운전면허취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the relevant Acts and subordinate statutes added in the second instance court's "the relevant Acts and subordinate statutes" as stated in the reasoning of the judgment of the first instance, and thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Parts to be dried;
(a) The third part of the judgment of the court of first instance concerning the second part and the third part are as follows:
A) According to Article 44(1) of the Road Traffic Act, no person may drive a motor vehicle, etc. while under the influence of alcohol. According to Article 2(26) of the Road Traffic Act, the term “driving” includes a road (in the case of Articles 44, 45, 54(1), 148 and 148-2, a place other than a road).
Article 2 Subparag. 1 of the Road Act refers to the use of a vehicle or horse in accordance with its original purpose and use. The term “road” means a road under the Road Act, a toll road under the Toll Road Act, an agricultural and fishing village road under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages, and other places (d) in which it is necessary to secure safe and smooth traffic in a public place so that many and unspecified persons, or vehicles and horses can pass through, in reality. Article 2 Subparag. 26 of the Road Traffic Act provides for exceptional cases where a vehicle or horse is included outside a road within a common area, and Article 44 of the Road Act and Article 148-2 of the Road Act, which are the administrative disposition related to the criminal punishment for the violation thereof, are stated only in the Road Act and Article 93 of the Road Traffic Act, which is the administrative disposition related to the revocation and suspension of a driver’s license in a case where the driver’s license under Article 93 of the Road Traffic Act is revoked.