logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.27 2016구단289
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 August 25, 2015, at around 23:00, the Plaintiff driven a motor vehicle with Dialty at the front parking lot located in the Osan City B, Osan-si, while under the influence of alcohol 0.119% (Application of Ficial Marks).

B. On October 15, 2015, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license (license number: E) on October 20, 2015 by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving.

[Ground of recognition] No dispute, entry of evidence Nos. 4 through 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The disposition of this case is unlawful since the plaintiff's alleged place of driving under the influence of alcohol cannot be deemed as a road prescribed by the Road Traffic Act as an attached parking lot within the restaurant, and even if not, since the plaintiff acquired the driver's license, it constitutes an accident in the parking lot that has been driven without a traffic accident or a drinking driving power for about 13 years, the degree of traffic accident is very minor and is not a general one, and the driving distance is very short and is not high, and the degree of alcohol level is not high. Since the plaintiff takes charge of travel and maintenance and management of equipment in semiconductor equipment, the disposition of this case constitutes a case where the plaintiff excessively or excessively deviates from and abused the plaintiff's discretion.

B. 1) Article 2 subparagraph 1 of the Road Traffic Act provides that the term "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 actually necessary to ensure safe and smooth traffic of unspecified persons, motor vehicles, and horses (d) where it is open to the public so that they can pass through the road.

(d) in particular:

(i).

arrow