beta
(영문) 수원지방법원 2020.06.17 2020구단729

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 March 20, 2019, the Plaintiff, while under the influence of alcohol at around 0.111% of blood alcohol concentration, driven approximately 1 km from the D Hospital parking lot located in Ansan-gu, Ansan-si, to the front of the Ydong-gu, Ansan-si, Ansan-si, the use report was made by the victim H and I, who was left at the right-hand turn pursuant to the new subparagraph due to the negligence that was driven at the right-hand level while under the influence of alcohol, and at the same time, the Plaintiff did not take measures to rescue the victims by damaging the repair cost of the said taxi from the D Hospital parking lot located in Ansan-gu, Ansan-gu to the front of the Ydong-gu, Ansan-gu, Ansan-si, Ansan-si, to the right-hand speed.

B. On May 7, 2019, the Defendant issued a disposition to revoke the first-class ordinary driver’s license by applying Article 93(1)1 and (3) of the Road Traffic Act to the Plaintiff as of June 5, 2019, on the ground that the Plaintiff, while driving under the influence of alcohol with a level of at least 0.08% of the blood alcohol level, which is the base value for the revocation of the license, caused a traffic accident of at least two ordinary persons. (Disqualified one year; hereinafter “the first disposition”).

C. On June 17, 2019, the Plaintiff filed an administrative appeal against the instant first disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 13, 2019, and the said written ruling on the said judgment reached the Plaintiff on August 29, 2019.

The plaintiff on October 11, 2019

As to the facts constituting the crime stated in the paragraph, the Suwon District Court was sentenced to a suspended sentence of two years for ten months and sentenced to a suspended sentence against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, and the violation of the Road Traffic Act. However, the Suwon District Court was sentenced to a suspended sentence of two years on January 15, 2020.