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(영문) 창원지방법원 2020.10.14 2020구단11320
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On November 27, 2019, the Defendant issued a revocation of the driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff, while under the influence of alcohol at around 21:55 on October 27, 2019, driven approximately one meter on the front side of D in the window C at Changwon-si, while driving approximately 0.106% of alcohol level.”

B. On February 14, 2020, the Plaintiff appealed to the Central Administrative Appeals Commission, but the ruling dismissing the Plaintiff’s claim was rendered on April 14, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 1 to 13 (including additional numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion (1) The plaintiff's assertion that the plaintiff was a woman from Mongolian, who was driven by Mongolian-gu on the day of the time of the instant case, with a drinking relationship, but his relative took an accident that conflicts with the outside of the restaurant, and that his relative took the vehicle's seat on the wind, and took the vehicle's seat. The plaintiff's assertion that the restaurant's leader took the vehicle's seat. Thus, the disposition of this case was unlawful since the place was a parking lot for the customers who use the restaurant located at this place, which is for the customers who use the restaurant, and it cannot be viewed as a road because it was an unspecified number of people or vehicles, and it was considered as driving on the road.

(2) In light of the fact that the Plaintiff’s sound at a restaurant operator is due to the lack of a horse and a yellow dust, and the driving distance is only one meter, and that the Plaintiff’s driver’s license is necessary for his livelihood due to the circumstances faced by the Plaintiff, the instant disposition constitutes a deviation or abuse of discretionary authority.

B. (1) Determination of the existence of the grounds for disposition is a road under the Road Act, a toll road under the Toll Road Act, an agricultural and fishing village road under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages, and other in reality many and unspecified persons.

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