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(영문) 창원지방법원 2014.06.10 2013구단1202
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 27, 2013, the Plaintiff, while under the influence of alcohol at 0.225% of the blood alcohol content on August 27, 2013, was driving the 102 East Apartment (hereinafter “instant apartment”) at the 102 underground parking lot via the 103 ground parking lot in front of the management office of the instant apartment via the 103 ground parking lot, once again driving the 102 underground parking lot.

B. Accordingly, on September 24, 2013, the Defendant issued a disposition to revoke the first-class ordinary license (hereinafter “instant disposition”) to the Plaintiff.

C. The Plaintiff underwent the pre-trial procedure.

【Uncontentious facts, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1 and 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) was true that the Plaintiff was driving under the influence of alcohol, but the place where the Plaintiff was driving under the influence of alcohol at the time does not fall under the roads stipulated in the Road Traffic Act as a parking lot within an apartment complex, and thus, even if the Plaintiff was driving under the influence of alcohol, it does not constitute a ground for revocation of the driver’s license. 2) The Plaintiff is obliged to obtain a driver’s license for his/her livelihood, as the Plaintiff is under the influence of his/her personal taxi driving, is in need of a driver’s license for his/her livelihood, he/she is likely to obtain another occupation in his/her personal health condition, and there are no other special traffic accidents and legal violations in addition to speed violations around 2

B. 1) On the road referred to in subparagraph 1 of Article 2 of the Road Traffic Act, it is necessary to secure safe and smooth traffic of the “road” as provided in subparagraph 1 of Article 2 of the Road Act, where the “road” is a public place other than a road as provided in the Road Act, a road as provided in the Toll Road Act, and an agricultural and fishing village road as provided in the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages.

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