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(영문) 수원지방법원 2018.01.19 2017구단2633
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around 02:40 on June 15, 2017, the Plaintiff driven approximately 323 meters from the land parking lot in front of the said apartment 106-dong to the 106-dong unit under the influence of alcohol with a blood alcohol content of 0.131%.

B. On June 29, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

On July 21, 2017, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on September 12, 2017.

【Facts without dispute over the grounds for recognition, Gap’s 1, 2, 3 evidence, Eul’s 4 through 13, the purport of the whole pleadings

2. In full view of the following, the Plaintiff asserts that the instant disposition is lawful: (i) the Plaintiff was operated only in an apartment complex and did not drive on the road; (ii) there is no reason to dispose of it; (iii) even if not, it is merely a simple drunk driving without personal or material injury; (iv) it was done on an exemplary basis except for the power of recommending a minor violation of the laws and regulations for about 13 years; (v) it was actively used by an investigative agency; and (v) it is in an economically difficult situation; and (v) the instant disposition is unlawful because it abused or abused discretion.

Dor, i.e., the existence of the reason for the disposition, whether it constitutes a case of drinking on the road.

According to subparagraph 1 of Article 2 of the Road Traffic Act, the term "road" means a road under the Road Act, ② a toll road under the Toll Road Act, ③ an agricultural and fishing village road under the Agricultural and Fishing Villages Road Maintenance Act, ④ other places in which it is practically necessary to ensure the safe and smooth flow of traffic of unspecified persons, motor vehicles, and horses.

(4) If applicable,

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