logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.11.11 2016구단19008
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 August 20, 2004, the Defendant revoked the Plaintiff’s driver’s license (Class II ordinary license) pursuant to Article 93(1)2 of the Road Traffic Act on March 10, 2016 on the ground that the Plaintiff driven a D motor vehicle under the influence of alcohol 0.054% while driving it on April 25, 2008 and driving it on two occasions under the influence of alcohol 0.08:30%, on October 27, 2015, while driving it on three occasions under the influence of alcohol 0.054% and driving it on three occasions under the influence of alcohol 0.054%.

(hereinafter “instant disposition”). (b)

On June 24, 2016, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, Gap 3, 12 evidence, Eul 1, 4, 5 evidence (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff requested a parking manager who managed the instant parking lot and moved the vehicle within the instant parking lot, and thus, the instant parking lot does not fall under the road under the Road Traffic Act, and thus, it does not constitute grounds for revocation of driver’s license. 2) In light of the fact that the Plaintiff is in need of driver’s license in order to manage a string and to treat his father’s hospital, and that the instant disposition constitutes grounds for mitigation under Article 91(1) [Attachment Table 28] [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, the Plaintiff’s disadvantage to the Plaintiff is considerably excessive than the public interest to be achieved therefrom, and thus is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In the case of Article 4, 45, 54(1), 148, and 148-2 of the Road Traffic Act, “driving” means a place other than a road, in the case of Article 44, 45, 54(1), 148, and 14

(b).

arrow