logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2018.09.12 2018구단67933
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 May 13, 2018, the Plaintiff is his mother, who was drunk and parked in the “C” parking lot located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and owned the BMW car.

In the vicinity, it was waiting for a substitute driver.

B. At that time, the Plaintiff’s failure to obtain the name of the other vehicle owner who was established in the parking lot was unable to leave the parking lot due to the Plaintiff’s vehicle, and the Plaintiff demanded that the vehicle be transferred to the Plaintiff. During that process, the Plaintiff was driving a three-meter large-meter vehicle at the request of a person without the name, thereby getting out of the parking lot to the front road.

C. While a dispute between a person with no name and a person with no name was continued, the police officer called out due to a report on a drunk driving by a person with no name, but the person with no name was replaced to the purport that the person with no name was denied the report and that the dispute was resolved well.

After the police officer returned to the police officer, the dispute has continued again.

A police officer again called upon the report of a person who was unable to receive his name, and eventually, the measurement of drinking to the plaintiff was conducted 08:38.

The measurement is 0.143%.

E. On June 5, 2018, the Defendant rendered a notice of revocation of the first-class ordinary vehicle driver’s license and the second-class small vehicle driver’s license (hereinafter “instant disposition”) to the Plaintiff on June 5, 2018, on the grounds that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 7 through 12, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1. When a police officer was called out after receiving a report on a drunk driving for the first time, he/she must return to the police officer without any further investigation as he/she reverses the reported details.

arrow