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 21, 2016, the Defendant revoked the Plaintiff’s driver’s license (Class B common) pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on November 1, 2016, on the ground that the Plaintiff driven a car under the influence of alcohol of 0.174% in front of “C” located in Gangnam-gu Seoul, Seoul.
B. On November 9, 2016, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission rendered a decision to dismiss the Plaintiff’s request on December 13, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 6, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The gist of the Plaintiff’s assertion 1) The place where the non-existence of the grounds for disposition is driving a motor vehicle is strictly conducted and does not fall under the roads prescribed by the Road Traffic Act. Therefore, the instant disposition is unlawful as it was conducted without the grounds for disposition. Even if the grounds for disposition of this case are acknowledged, even if the grounds for disposition of this case are recognized, the Plaintiff’s driving distance is merely 2 meters, was over the back qui only, was obstructed by the road outside of the parking lot, no human and material damage was incurred due to the Plaintiff’s driving act, and the Plaintiff is expected to be unemployed if they were subjected to the instant disposition, compared to the public interest to be achieved, and thus, the instant disposition is deemed unlawful as a result of the Defendant’s abuse of discretionary authority.
(b) as shown in the attached Form of the relevant statutes;
C. 1) Article 2 subparagraph 26 of the Road Traffic Act as to the existence of a ground for disposition includes a road (in the case of Articles 44, 45, 54(1), 148 and 148-2, a place other than a road).
The original meaning of vehicles and horses in this case.