1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The Defendant is against the Plaintiff on August 25, 2011.

1. The reasons for the court's explanation concerning this case are as follows: (a) the part concerning the conclusion of the first instance court's decision from 4, 2, 7, and 13 are as follows, and the part concerning the conclusion of the first instance court's decision is as stated in the reasoning of the first instance court's decision, in addition to using the separate paper of the first instance court's decision in this case, as stated in paragraph (2) below; (b) therefore, it is consistent with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. The part used in the trial [Article 91(1) [Attachment 28] No. 2 subparag. 13 of the Enforcement Rule, Article 92 subparag. 2(c) of the Enforcement Rule [Attachment 28] (hereinafter “instant Rule Clause”)]

2) Determination of illegality

A. In light of the nature of the provision of this case, the administrative rules issued by a superior administrative agency to a subordinate administrative agency with guidelines for handling affairs or standards for the interpretation and application of statutes are generally effective only within the administrative organization and do not have external binding force. However, in cases where the provision of statutes does not specify the procedure or method of exercising authority when granting a specific administrative agency the authority to determine the specific contents of the statutes in the form of administrative rules, the delegated administrative agency specifically provides the matters that can be the contents of the statutes in the form of administrative rules, such administrative rules have the function to supplement the contents of the statutes in accordance with the validity of the provisions that granted the authority to supplement the specific contents of the statutes. Thus, unless it does not go beyond the delegated scope of the statutes in question, the administrative rules in question have the effect of external binding legal orders in combination with them. In light of Article 93(1)11 of the Road Traffic Act, Articles 91 and 92 of the Enforcement Rule of the Road Traffic Act, the purpose of legislation and form, etc., the administrative rules in this case specifically stipulate the contents of the statutes in the form of administrative rules.