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(영문) 수원지방법원 2017.12.22 2017구단2121

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. (i) On June 1, 2017, the Plaintiff driven a vehicle B B benz S350 with a blood alcohol content of 0.135% at around 23:54, in the vicinity of the water transport distance at Sungnam-si, about 1 km prior to the same flow distance at the same time.

B. On June 15, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license.

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Sep. 12, 2017).

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 15, the purport of the whole pleadings

2. (1) The plaintiff argues that the disposition of this case is legitimate, considering the following as a whole: (a) the plaintiff did not immediately drive the drinking on the day of the case immediately after drinking, but did an agent in the manual; (b) the plaintiff was divingd from the car on the day of the case; (c) the other person was found to have been exposed to drinking control while driving the car at the place of promise; (d) the driving distance was only 1 km; (e) the driving distance was not caused by drinking driving; (e) there was no history of drinking driving for about 21 years; and (e) the operation of an enterprise for family life by operating the enterprise for family life, and the driver's license is necessary, the disposition of this case must be revoked as it abused its discretion, and thus

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a person drives in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined based on the cancellation of the license, and the time when the person drives is determined as an exemplary driver, who is an important means to maintain his family's livelihood, is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or is given an official commendation by the chief of a police station or higher by arresting the escape driver.