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(영문) 부산지방법원 2016.01.15 2015구합23589
출국명령처분취소
Text

1. The Defendant’s disposition of departure order issued against the Plaintiff on August 18, 2015 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff entered as a foreigner of the nationality of the People's Republic of China on February 12, 2007 and changed to the qualification for study (D-2) on March 20, 2015, and stays in the Republic of Korea until now.

B. 1) On September 8, 2011, the Plaintiff was sentenced to a fine of KRW 1 million from the Busan District Court’s branch branch branch on the charge of the violation of the Road Traffic Act as seen below. around 00:52 on April 3, 2011, the Plaintiff was sentenced to a summary order of KRW 5 million from the Busan District Court’s branch branch on the charge of the violation of the Road Traffic Act (Refusal of the measurement) as follows: (a) around 00:52 on April 3, 201, the Plaintiff driven approximately 2 km in front of the Macheon-dong Elementary School located in the 3rd Life University, Nam-gu, Busan District Court (Seoul District Court’s 0.079% in blood alcohol content). (b) On December 26, 2014, the Plaintiff was issued a summary order of KRW 5 million from the Busan District Court’s Do

On October 8, 2014, around 22:00, the Plaintiff driven a 5-meter car at the underground parking lot of the building, while under the influence of alcohol, and moved to the entrance of the said parking lot.

Accordingly, the Plaintiff was required to respond to the measurement of alcohol by inserting the breathm from 22:08 to 22:38 of the same day, on the grounds that there are reasonable grounds to recognize that the Plaintiff driven a motor vehicle while under the influence of alcohol, such as very rough and rough smelling, putting the breath in a breath and in an inaccurate state with a breathm, etc.

However, the plaintiff did not comply with the drinking test of police officers without any justifiable reason.

C. On August 18, 2015, the Defendant is subject to criminal punishment as above and subject to deportation under the Immigration Control Act, but in consideration of the Plaintiff’s voluntary departure intent, etc., the Defendant ordered the Plaintiff to leave the Republic of Korea until September 17, 2015 by applying Articles 68(1)1, 46(1)3, and 11(1)3 and 4 of the Immigration Control Act.

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