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Reasons
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(영문) 서울행정법원 2017.12.15 2017구단33124
자동차운전면허취소처분취소
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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 July 20, 2017, at around 00:15, the Plaintiff driven electric kickboard (name: Xors, rated output: 800W; hereinafter “instant kickboard”) while under the influence of alcohol 0.130% in front of Gwangjin-gu Seoul Special Metropolitan City.

(hereinafter referred to as “drinking driving of this case”). (b)

On August 11, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on September 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The non-existence of the ground for disposition did not err in the misapprehension of the legal principle as to the operation of the kackboard of this case, and the fact that the operation of the kackboard of this case after drinking the kackboard of this case constitutes the kackboard of drinking. In addition, considering the lack of the relevant law as to the kickboard of this case, including the kackboard of this case, and the fact that there are considerable differences between the kackboard of this case and the driving of the kackboard of this case, the plaintiff cannot be deemed to have intentionally driven the kackboard of this case.

B. Article 2 subparag. 19 (b) of the Road Traffic Act provides that in a case where a person uses electricity of less than 500cc displacement as a power, “motor of less than 0.59kw of rated power” means a motor vehicle and a motor bicycle. Article 2 subparag. 21 of the Road Traffic Act provides that “motor of less than 0.59kw of rated power” means a motor vehicle and a motor bicycle.

‘The Court determines'.

Gap evidence No. 5 shall be written.

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