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(영문) 수원고등법원 2021.01.13 2020누12038
자동차운전면허취소처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. On November 12, 2019, the Plaintiff drank alcohol while drinking alcohol in the vicinity of the Seocho-gu Seoul Metropolitan Government Curriculum with a workplace club.

The plaintiff's automobile was parked in a duct parking lot, but the plaintiff is going to go to the domicile of the Si/Hannam-si on the si.

The telephone for the spouse and the drinking is the same as that of the spouse.

I think that a motor vehicle will be returned to the motor vehicle in the uniform station.

They called again to the spouse.

On November 13, 2019, the spouse of the plaintiff was aware of the occurrence of a traffic accident, and on November 13, 201, 01:3, the plaintiff's spouse is moving from the ductal to the house while driving the taxi without getting the her husband to drink.

“Written 112 reported.”

The plaintiff was driving a motor vehicle around that time and returned home.

On November 13, 2019, the police officer called the plaintiff's apartment on November 13, 2019 according to the report, discovered that the plaintiff's automobile was parked in the underground parking lot and called the plaintiff's spouse.

The Plaintiff, who called with the police officer, went to the underground parking lot at around 02:25, was at the time of driving alcohol, was measured at 0.108% of alcohol level during blood (hereinafter “the measurement of alcohol level”). The Defendant driven a motor vehicle under the influence of alcohol by the Plaintiff while under the influence of alcohol.

On December 6, 2019, the Plaintiff’s driver’s license (Class 1 large, Class 1 ordinary, Class 2 bicycle) was revoked pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “the instant disposition”). 【The grounds for recognition 】 Evidence Nos. 2 and 3, Evidence No. 19-1, Evidence No. 23, Evidence No. 23, Evidence No. 1 through 16, the purport of the entire pleadings, and the purport of the entire pleadings.

2. Whether the instant disposition is lawful

A. In relation to the grounds of the instant disposition, the Defendant: (a) rendered the instant disposition on the ground that the Plaintiff driven alcohol at an apartment parking lot; (b) however, the said underground parking lot is under the Road Traffic Act.

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