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(영문) 울산지방법원 2019.02.14 2018구합7048

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 June 18, 1988, the Plaintiff acquired a Class 1 ordinary driver’s license.

B. On June 2, 2018, while under the influence of alcohol at around 00:49, the Plaintiff driven a car from around Ulsan-gu B hotel to around the same agricultural and fishery products market, at approximately 200 meters away from around 200 meters to the road in front of the same agricultural and fishery products market, and was exposed to the drinking control, making a drinking measurement at around 01:10 on the same day, which led to a blood alcohol concentration of 0.17%.

C. After that, the Plaintiff requested the collection of blood and collected blood at a hospital 01:56 on the same day.

통상 채혈 시 혈액샘플을 넣는 병 외에 이중으로 플라스틱용기에 한 번 더 넣어서 혈액감정을 의뢰하는데, 당시 경찰관이 원고의 혈액샘플병을 플라스틱용기에 넣고 뚜껑을 잠궜다가 원고의 정보를 적은 라벨을 혈액샘플병에 붙이지 않은 걸 알고 다시 플라스틱용기의 뚜껑을 열어 안에 있는 혈액샘플병에 라벨을 붙이고 뚜껑을 잠궜다. 라.

As a result of the appraisal of blood at the Busan Science Investigation Institute, the blood level of blood alcohol 0.13% has been 0.13%.

E. The head of the Busan Science Investigation and Investigation Research Institute responded to the Plaintiff’s civil petition “as to whether there is anything wrong among the blood containers collected from the Plaintiff, etc.” (hereinafter “Plaintiff’s civil petition”) that “as to the Plaintiff, it is confirmed that there is anything wrong in the collected blood container plastic locking device, and is recorded in the appraisal report.”

F. When the Plaintiff raised an objection to the result of blood appraisal on the grounds of the possibility of blood change, etc., the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on July 19, 2018 based on the blood alcohol measurement result (0.117% of blood alcohol content).

G. On July 26, 2018, the Plaintiff seeks revocation of the instant disposition to the Central Administrative Appeals Commission.