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(영문) 부산지방법원 2016.04.27 2016구단20191
자동차운전면허취소처분취소
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. On February 22, 2003, the Plaintiff acquired a Class 1 ordinary driver’s license.

B. On January 12, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license as of February 15, 2016 on the ground that the Plaintiff driven B vehicles while under the influence of alcohol content 0.117%, around November 27, 2015, on the ground that the Plaintiff driven B vehicles under the influence of alcohol content 0.40%.

C. On February 12, 2016, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 25, 2016.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) although the plaintiff driven about 20 meters from the parking lot of the 1st floor to the 1st floor above the 19th floor of the 20th floor above the Busan Jin-gu, Busan. However, the place of driving at the time does not constitute a road to which the Road Traffic Act applies. Therefore, the plaintiff's disposition of this case is unlawful since the plaintiff's blood alcohol concentration at the time of driving under the influence of alcohol exceeds 0.17% which is the criteria for the revocation of driver's license, and the blood alcohol concentration at the time of driving under the influence of this case exceeds 0.1% which is the criteria for the revocation of driver's license. The plaintiff driving under the 20th floor above the 19th floor above the 19th floor below the 19th floor above the 19th floor above the 20th floor above the 19th floor above the 20th floor above the 20th floor manager, and the plaintiff's driving engineer is a manager of the main shop and so it is unlawful in light of discretion.

B. As to the first argument on the determination of the first argument, Article 2 subparagraph 1 (d) of the Road Traffic Act is relevant to roads under the Road Act, toll roads under the Toll Road Act, and the Act on the Maintenance of Toll Road in Agricultural and Fishing Villages.

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