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(영문) 대구지방법원 2016.04.01 2015구단11528
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 October 8, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of November 11, 2015, on the ground that the Plaintiff driven D vehicles at the entrance of the “C” parking lot No. 20:00 on August 29, 2015, at approximately three meters under the influence of alcohol level of 0.118%, at the level of alcohol level, at the entrance of the “C” parking lot No. 20, Daegu Suwon-gu B.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the claim on February 23, 2016.

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1 and 18, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion ① Since the above restaurant parking lot does not fall under the roads under the Road Traffic Act, it does not constitute a ground for revocation of driver’s license.

② The Plaintiff’s revocation of the instant driver’s license is too harsh and is thus in violation of the law that it is necessary to drive the Plaintiff as a bank source, and the rear wheels of the Plaintiff’s vehicle stops at the boundary of parking lots and India and does not move toward India beyond the boundary line.

B. 1) As to the assertion that a road is not a road, Article 2 subparagraph 26 of the Road Traffic Act includes the place other than the road in the case of Articles 44, 45, 54(1), 148 and 148-2

(i) the use of vehicles and horses in accordance with their original purpose and use (including the operation of them);

section 2(3) of this title.

Article 44 of the Road Traffic Act and Article 148-2 of the Road Traffic Act, which is a provision related to criminal punishment in the case of a violation of the above provision, provides for exceptional cases including places other than a road in a comprehensive bank, and Article 93 of the Road Traffic Act, which is a provision related to administrative disposition, such as the revocation or suspension of driver's license in the case of

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