자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Date of disposition: Details of disposition on September 30, 2014: Revocation (the first-class driver's license for ordinary vehicles; hereinafter referred to as "disposition in this case") of the Incheon B driver's license (the first-class driver's license for ordinary vehicles): Details of violation: around 00:26, July 25, 2014, at least 0.244% of blood alcohol concentration on the street of 3rds of Sinung-si, the purport of the entire pleadings as a whole;
2. Whether the disposition is lawful;
A. At the time of the plaintiff's assertion, since the plaintiff saw the truck for the purpose of operating air conditioners only, it cannot be deemed that the "driving" under Article 2 subparagraph 26 of the Road Traffic Act was conducted.
B. The term “driving” under Article 2 subparag. 26 of the Road Traffic Act provides that the term “driving” means the use of a vehicle and horse on the road according to its original purpose and use method. According to the overall purport of the entries and arguments by Gap 3, 4, Eul 3, and 7 (including branch numbers), it is reasonable to deem that the plaintiff driven the above truck with the intent to drive the truck as the plaintiff had driven the above truck with the intent to drive the truck.
Therefore, the defendant's disposition of this case is legitimate.
3. It is so decided as per Disposition because the plaintiff's claim is without merit.