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(영문) 수원지방법원 2014.12.24 2014구단2809
자동차운전면허취소처분취소
Text

1. On May 13, 2014, the Defendant’s revocation of the first class ordinary car driver’s license (B) issued to the Plaintiff on June 10, 2014.

Reasons

1. Details of the disposition;

A. On July 18, 2001, the Plaintiff acquired Class 1 ordinary car driving license (license number B).

B. On May 13, 2014, the Defendant issued a disposition to revoke the Plaintiff’s above driver’s license as of June 10, 2014 (hereinafter “instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act, on the ground that “the Plaintiff driven a C vehicle under the influence of alcohol with about 10 meters at a level of about 0.163% of alcohol level from the back door of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, the lower court (hereinafter “instant disposition”).

C. On May 27, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was rendered a dismissal ruling on July 1, 2014.

[Recognition] Facts that there is no dispute between the parties, Gap evidence No. 18, Eul evidence No. 2, and No. 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion (1) that there is no ground for the disposition (A) is improper to apply the Ba mark formula in measuring sobage to the plaintiff.

(B) The place where the Plaintiff driven is not a road.

(2) Considering the fact that the Plaintiff has been under the public service for 27 years, the Plaintiff’s assertion of abuse of discretionary power, and that it is against the Plaintiff’s depth on the instant case, the instant disposition is excessively harsh to the Plaintiff, and is unlawful by deviating from and abusing the scope of discretion.

B. (1) Determination of whether the place where the Plaintiff driven is a road under the Road Traffic Act (A) according to Article 2 subparagraph 26 of the Road Traffic Act, the term “driving” refers to the use of a vehicle or horse on a road (including places other than a road in the case of Articles 44, 45, 54(1), 148, and 148-2) according to its original purpose and use (including operation). According to Article 2 subparagraph 1 of the Road Traffic Act, “Road” means a road under the Road Act and a toll road under the Toll Road Act.

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