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(영문) 울산지방법원 2019.06.13 2019구단115

운전면허취소처분취소

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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 instant disposition

A. On March 15, 1982, the Plaintiff acquired a Class 2 motorcycle driver's license, and the Class 1 ordinary vehicle's license on January 24, 1984.

B. On August 16, 2018, at around 20:50, the Plaintiff: (a) drive a car in a state of alcohol alcohol concentration of about 20 meters in the inside of the apartment complex from the front of the Ulsan-gu B apartment guard room in Ulsan-gu B apartment Cdong; and (b) drive the car under the influence of alcohol level of about 0.118%.

C. On October 6, 2018, the Defendant issued the instant disposition revoking the Plaintiff’s respective driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff’s blood alcohol level at the time of driving under the influence of alcohol was 0.118%.

On October 18, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said commission dismissed the said claim on November 20, 2018.

The Plaintiff was indicted for a violation of the Road Traffic Act (driving) due to the pertinent drunk driving, and was sentenced to a fine of two million won and a suspended sentence of three years from the above court on February 14, 2019.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 7 evidence, Eul's 1 through 15 evidence (including each number in the case of vegetable evidence) and the purport of whole pleadings

2. In light of the fact that the Plaintiff’s assertion was an apartment complex that controls external vehicles; the distance from which the Plaintiff driven an apartment through a proxy driving engineer was merely ten meters for parking after that time; the Plaintiff’s driver’s license is absolutely necessary due to the occupational characteristics and economic circumstances; and the court sentenced a fine of KRW 2 million and the suspension of the execution of this case’s drinking driving in criminal procedure for the Plaintiff, deeming that the pertinent drinking driving was not serious in the criminal procedure, and sentenced to a fine of KRW 2 million and the suspension of the execution of this case’s drinking driving. Thus, the instant disposition was excessively excessive to the Plaintiff, thereby deviating from and abusing the discretion.