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(영문) 수원지방법원 2018.11.28 2018구단3435

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 May 26, 2008, the Plaintiff obtained a Class I ordinary driver’s license on May 26, 2008, but was subject to the revocation of the driver’s license by driving a motor vehicle under the influence of alcohol level 0.194% under the influence of alcohol level on June 2, 2013, and again acquired Class I ordinary driver’s license (B) on September 3, 2014.

B. On June 17, 2018, at around 00:00, the Plaintiff caused a traffic accident leading to other vehicles while under the influence of alcohol by approximately 12 km driving approximately 12 km (hereinafter “driving of the instant case”) while under the influence of alcohol of approximately 0.123% in the influence of alcohol level from the place where the party operation in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Chowon-gu, Sinwon-gu to the 35-ro of Suwon-si, Suwon-gu, Suwon-gu, Suwon-si, Suwon-si.

C. On June 28, 2018, the Defendant applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.

The disposition was made to revoke the driver's license stated in the port (hereinafter "the disposition of this case"). D.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he used the plaintiff's substitute driving, and tried to use the substitute driving in the case of this case. The plaintiff's blood alcohol concentration level at the time of the drinking driving of this case is minor, and the possibility of criticism and risk are significantly low for the drinking driving of this case. The plaintiff's vehicle driver's license is essential to continue to move to a local business trip to Seoul Metropolitan area, Gangwon-do, even before it is operated as a member of the business team. The plaintiff actively cooperates with and reflects with the investigation agency in relation to the drinking driving of this case, and the plaintiff is financially difficult to pay household debts.