beta
(영문) 수원지방법원 2018.11.16 2018구단3022

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (i) On May 22, 2018, the Plaintiff driven a B-learning car under the influence of alcohol content of 0.14% at around 00:12 on May 22, 2018, up to 300 meters in front of the road nine-lane due to the transmission of Suwon-si, Suwon-si, Suwon-si, an original city, at the center of 0.14% of alcohol content.

B. On May 29, 2018, 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 (class 1 common and class 2 common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Jun. 12, 2018).

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 14, the purport of the whole pleadings

2. (i) Whether the instant disposition is legitimate, the Plaintiff asserts that the instant disposition is unlawful since it abused the discretion, considering the following as a whole: (i) the head of the Si/Gun/Gu and the head of the Si/Gun/Gu who found the same on the day of the instant case, and (ii) the head of the Si/Gun/Gu and the head of the Si/Gun/Gu have no longer taken place after a long-time dialogue was divided; and (iii) the fact that the driver’s license is necessary for business and family life while operating

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 under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined based on the revocation of the license, and the disposition penalty points may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or a person who has received an official commendation from the chief of a police station by causing a traffic accident and arresting an escape driver, and does not meet the specified