beta
(영문) 청주지방법원 2017.11.02 2017구합2283

영업정지처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff operates a general restaurant (hereinafter “instant restaurant”) with the trade name “C” in substantial Gu building B and 114 and 115 of the Cheongju-si.

B. At around 01:00 on March 23, 2017, the Plaintiff sold alcoholic beverages to the outside and third parties of the instant restaurant (hereinafter “instant violation”). The Cheongju District Prosecutors’ Office rendered a disposition of suspension of indictment on April 27, 2017, taking into account the following: “The Plaintiff’s act of selling alcoholic beverages without confirming identification cards, etc. to the 4 juveniles and selling alcoholic beverages without confirming identification cards, etc. to the 4 juveniles; from around December 2015, the Plaintiff operated the instant restaurant and operated the instant restaurant; the Plaintiff did not sell alcoholic beverages to the juveniles; and the Plaintiff’s act of reflecting depth, such as submitting a reflective document, etc.

C. On May 11, 2017, the Defendant rendered a disposition of business suspension for one month against the Plaintiff on the ground of the instant violation (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion ① Around December 2016, 2016, the Plaintiff, a juvenile who provided alcoholic beverages at the time of the instant violation, showed another person’s identification card, adult happiness, and provided alcoholic beverages without verifying his/her identification card. The Plaintiff was unaware of his/her identification card and did not obtain additional identification card even if he/she had already confirmed that he/she was an adult. Thus, there was no intention or negligence by the Plaintiff as to the provision of alcoholic beverages to juveniles. ② As such, the Plaintiff did not know that he/she was a juvenile due to misappropriation of identification card, on the ground that he/she did not know the fact that he/she was a juvenile.

참조조문