(영문) 부산고등법원 2015.04.24 2014누21974

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2015.04.24 2014누21974

자동차운전면허취소처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The issues of the instant case and the judgment of the court of first instance

A. On June 3, 2014, the key issue of the instant case was: (a) around 02:55 on May 6, 2014, the Defendant revoked the Plaintiff’s driver’s license as of June 16, 2014 on the ground that the Plaintiff was found to drive B SP car in the state of alcohol influence concentration under the influence of blood alcohol concentration (hereinafter “instant vehicle”); but, (b) the Defendant refused to comply with a request for alcohol measurement by the control police officer without justifiable grounds.

(hereinafter “instant disposition”). The key issue of the instant case is (i) whether there is a reasonable ground to believe that the Plaintiff was driving the instant vehicle while drinking alcohol at the time of the control police officer’s request for the measurement of alcohol, and (ii) whether the instant disposition revoked the Plaintiff’s driver’s license for the said reason was an unlawful act of deviation from or abuse of discretion.

B. The judgment of the court of first instance (1) in relation to the first issue, from around 01:00 on May 6, 2014 to around 01:40 on May 6, 2014, the court of first instance divided the Plaintiff into 2 to 3 beer, along with the school line, in G G located in Suwon-gu, Busan. The Plaintiff requested a substitute driver to operate on behalf of the designated driving company in order to depart from the ship before the restaurant, and the Plaintiff did not go to the designated driving officer for the first time, and it is thought that it would be difficult to drive the vehicle at the same time as that of the restaurant, and it would not interfere with the Plaintiff’s operation by driving the instant vehicle at the same time as the instant vehicle was parked in Busan-gu, Busan-do, and 40 meters of drinking at the back of the victim Jk Ka, which was parked in Busan-gu, and the circumstances leading the Plaintiff’s operation of the instant vehicle beyond 50 meters during his daily life.

유사 판례

-부산고등법원 2016.01.15 2015누23144

-부산고등법원 2015.01.16 2014누22502

-부산고등법원 2015.03.19 2014누23185

-부산고등법원 2016.09.30 2016누21213

-부산고등법원 2015.08.21 2014누23178