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(영문) 서울행정법원 2016.08.12 2016구단9001
출국명령처분취소
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 September 3, 1994, the Plaintiff entered the Republic of Korea as a Korean national of the People's Republic of China (hereinafter referred to as "China"), and entered the Republic of Korea for an industrial training (D-3), and entered the Republic of Korea for the expiration date of the period of sojourn ( August 25, 1997), and entered the Republic of Korea on August 27, 2006, and thereafter entered the Republic of Korea as the status of sojourn for visiting employment (H-2) on December 25, 2007, and re-enters the Republic of Korea on January 2, 2014, while repeated entry and departure, such as departure on July 12, 2009.

B. However, on March 4, 2014, the Plaintiff was issued a summary order of KRW 2.5 million for the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents due to the criminal fact that “the Plaintiff, while driving a vehicle under the influence of alcohol on January 16, 2014, at around 06:05, caused a traffic accident that causes the driver of the vehicle and his/her passengers to shock another person’s vehicle while performing a duty of 0.09% of alcohol concentration, thereby causing an injury to the driver of the vehicle and his/her passengers by failing to perform his/her duty at the front time.” The said summary order was finalized on May 1, 2014.

C. In addition, on September 17, 2015, the Plaintiff: (a) operated a motor vehicle without obtaining a driver’s license over three occasions on February 12, 2015; (b) on February 16, 2015, and February 28, 2015; (c) on February 12, 2015 and February 28, 2015, the Plaintiff was driving the motor vehicle without obtaining a driver’s license; (d) on February 12, 2015 and February 28, 2015, while driving the motor vehicle, the Plaintiff was driving the motor vehicle without obtaining a driver’s license, without notifying the Plaintiff to avoid the occurrence of an insurance accident caused by a driving without a driver’s license even if the driver’s license was revoked due to a drunk driving; and (e) presented or forwarded a copy of the driver’s license to the employees of the victim to receive the comprehensive insurance accident on February 27, 2015; and (e) received the same amount of a driver’s license on February 64,70105.

5.11.A traffic accident.

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