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 September 19, 2015, the Plaintiff, while under the influence of alcohol around 00:47, 00% of blood alcohol level, driven a CKanp car on the front side of the Seoul Jung-gu Seoul Jung-gu high tree level of 0.204%.
B. On October 26, 2015, the Defendant rendered a disposition revoking the Plaintiff’s Class II ordinary driver’s license as of November 28, 2015 (hereinafter “instant disposition”) on the ground that the Plaintiff driven under the influence of alcohol.
C. Although the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, the said commission dismissed the said administrative appeal on December 8, 2015, and the said decision of dismissal was notified to the Plaintiff on December 17, 2015.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, Eul's 1 through 8, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the place where the Plaintiff driven under the influence of alcohol (hereinafter “instant driving place”) does not constitute a road under the Road Act, and the instant disposition is unlawful.
Even if the place of the instant driving falls under a road, the instant disposition by the Defendant is unlawful as it is an abuse of discretion when considering the circumstances leading up to the Plaintiff’s driving and the fact that the Plaintiff’s driving is the Plaintiff’s means of living in order to move a vehicle parked by a substitute engineer.
B. First of all, we examine whether the instant place of driving falls under roads under the Road Act.
The driver's license under Article 93 of the Road Traffic Act, which is the ground for revocation, shall be limited to the case of driving at the "road" as provided in subparagraph 1 of Article 2 of the Road Traffic Act, and it shall not mean driving at a place other
In addition, according to Article 2 subparagraph 1 of the Road Traffic Act, the term "road" means a road under the Road Act, a toll road under the Toll Road Act, a rural road under the Act on the Maintenance and Improvement of Agricultural and Fishing Villages, and other unspecified persons, or a vehicle or horse.