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 March 11, 2015, at around 01:03, the Plaintiff driven a sprinkler car on the roads within the Osan-si B apartment complex (hereinafter “instant road”) under the influence of alcohol by 0.121% of alcohol level.
B. On March 30, 2015, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving; (b) on April 26, 2015, issued the instant disposition to revoke the Plaintiff’s driver’s license (license number: D); (c) on April 26, 2015, the Plaintiff’s first class large, first class, second class, and second class motorcycle driver’s license (
[Grounds for recognition] The descriptions and images of evidence Nos. 1 to 14, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that ① the place where the Plaintiff driven under the influence of alcohol cannot be deemed a road prescribed by the Road Traffic Act as an apartment complex, and thus, the instant disposition is unlawful. ② Considering the various circumstances, including the fact that the Plaintiff was in need of a driver’s license due to a large range of long-distance business trips, and that the Plaintiff was a model driver, the instant disposition constitutes an unlawful case where the Plaintiff excessively deviates from or abused the discretionary power due to its harshness.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. 1) Article 2 subparagraph 1 of the Road Traffic Act provides that "road" means a road under the Road Act (a) and a road under the Toll Road Act (b) and an agricultural and fishing village road under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages, and other places where it is necessary to ensure safe and smooth traffic of unspecified persons, motor vehicles, and horses in reality. In particular, a place under item (d) refer to a place where a public traffic right has a public nature under the ordinary traffic police right. Accordingly, whether a road is a road or not, in light of the situation of the management and use of a driving place.