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(영문) 의정부지방법원 2019.10.14 2019구단6237

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On February 26, 200, the Plaintiff acquired a driver’s license (Class II ordinary) on February 26, 200, and discovered while driving under the influence of alcohol 0.073% on May 12, 2002. On December 22, 2007, the Plaintiff was discovered while driving under the influence of alcohol 0.115% on blood alcohol level, and the driver’s license was revoked on January 31, 2008. The Plaintiff acquired a driver’s license (Class II ordinary) on July 9, 2008.

B. At around 02:20 on March 16, 2019, the Plaintiff, while under the influence of alcohol, 0.109% of alcohol level, she shocked defense walls during the operation of 7 km distance from the upstream of the upper water zone in Mapo-gu Seoul Metropolitan Government to the roads adjacent to the Cridge in Seongbuk-gu, Seoul to the inside circulation of Seongbuk-gu. (hereinafter “instant drunk driving”).

C. On April 5, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 16, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

6. The dismissal was 27.

[Identification Evidence: Evidence No. 1 to 3, Evidence No. 1 to 10]

2. Whether the instant disposition is lawful

A. In light of all circumstances, the instant disposition exceeded the scope of discretion or abused discretion, including the following: (a) the distance of movement of the Plaintiff’s assertion is relatively short; (b) the use of the ordinary driving by proxy; (c) the use of the ordinary driving by proxy; and (d) the cooperation with the police investigation; and (c) the Plaintiff’s driver’s license in the occupation of the Plaintiff absolutely requires, support the family; and

(b) Article 44 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) (1) Any person under the influence of alcohol shall include any motor vehicle, etc. under the influence of alcohol (including construction machinery, other than construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act);

this section, Articles 45, 47, 47.