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(영문) 수원지방법원 2019.11.22 2019구단8994
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 July 20, 2019, at around 02:15, the Plaintiff, while under the influence of alcohol at a 0.152% of blood alcohol level, driven a ice car owned by himself/herself, and 50 meters from before the guard room in the Hanam-si apartment, to the same Ddong underground parking lot.

B. On August 27, 2019, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The apartment complex that the Plaintiff driven while under the influence of alcohol (hereinafter “instant apartment complex”) is a apartment complex that the Plaintiff was driving.

(2) The instant disposition that revoked the Plaintiff’s driver’s license is unlawful, since it does not constitute a road under the Road Traffic Act. 2) Considering that the Plaintiff’s arrival of an agent after drinking alcohol and driving only at a short distance from the underground parking lot for parking, and that the Plaintiff’s driving is essential to gather and frequent the parents of the aged, the instant disposition should be revoked as it is too harsh to the Plaintiff, and thus, constitutes an abuse of discretion.

B. In full view of the Plaintiff’s assertion that the instant apartment complex does not constitute a road under the Road Traffic Act, and the purport of the entire pleadings in the statement or video of the evidence Nos. 2 through 7, and 10, the instant apartment complex, like the Plaintiff’s assertion, requires that the instant apartment complex be issued a visiting parking certificate in the guard room, and the apartment security guards frequently patrol and issue a visiting parking certificate.

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