자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 13, 2017, at around 22:29, the Plaintiff, while under the influence of alcohol at 885-2, with a blood alcohol concentration of 0.215% from the driving distance of the 885-2 landing school, was straight down on the left-hand lane while driving a x-hand car at the left-hand, and was sent a traffic accident (two weeks diagnosis for the passengers on board) leading a normal driving at the right-hand lane, and went away without taking necessary measures, such as providing relief to the victims, the Defendant applied Article 93(1)6 of the Road Traffic Act to the Plaintiff’s second-class ordinary car driver’s license (license number: C) as of August 16, 2017.
B. On October 17, 2017, the Plaintiff was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) due to the foregoing criminal facts, and was sentenced to imprisonment with prison labor for not less than two years at the Suwon District Court for the suspension of
[Ground of recognition] No dispute, Gap 23, Eul 4 through 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff had a drinking place with the person on the same day, and did not get a substitute driver, and caused a traffic accident. The plaintiff was discovered to police officers at a place where approximately 500 meters away from the point of accident.
In light of the fact that, without recognizing that the Plaintiff was injured at the time, the Plaintiff was thought to be injured and stopped a vehicle at a single place where there was no intention of escape because of the fact that there was no intention of escape, the fact that the current investigation of physical damage is conducted, and the driver’s license is essential to visit the hospital and the scene of the accident, and the spouse and children should be supported, the instant disposition is in violation of the law that deviates from and abused the discretion by excessively harshly treating the Plaintiff.
B. The determination of one motor vehicle is in the modern society where the public and universal means of transportation are used.