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(영문) 수원지방법원 2019.01.30 2018구단4681

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 October 24, 1985, the Plaintiff obtained a Class 2 driver's license for a motorcycle, and on November 1, 1989, the first class driver's license for a motor vehicle was revoked on June 5, 1993. On August 31, 1994, the Plaintiff again acquired a Class 1 driver's license for a motor vehicle on August 31, 1994, and the first class driver's license for a large motor vehicle on September 4, 2008.

B. On August 12, 2018, at around 00:57, the Plaintiff: (a) was under the influence of alcohol concentration of at least 0.106% on the roads of the same city from an influent place (hereinafter referred to as “instant drinking driving”) to the roads before the building in the same city, and was under the influence of alcohol level of at least 50 meters (hereinafter referred to as “instant drinking driving”).

C. On September 4, 2018, the Defendant applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.

The disposition was made to revoke the driver's license stated in the port (hereinafter "the disposition of this case"). D.

The plaintiff appealed against this and filed an administrative appeal with the E Committee, but was dismissed on October 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the drinking driving of this case; the plaintiff used the ordinary driving; the plaintiff's blood alcohol concentration is minor at the time of driving the drinking-free; the plaintiff, as the facility management manager of the F Facility Management Team, carrying hot materials and equipment as a facility manager of the F Management Team, must travel in Incheon and Gyeonggi-do, and therefore, the driver's license is essential for the maintenance of his/her livelihood; the plaintiff actively cooperate with the investigative agency in relation to the drinking-free driving of this case; the plaintiff must support his/her old parents and one middle and high school student; the plaintiff is financially difficult for him/her to bear living expenses and household debts; and the plaintiff's volunteer activities and donation activities.