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(영문) 수원지방법원 2019.10.11 2019구단2316

자동차운전면허취소처분취소

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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 July 21, 2004, the Plaintiff driven a motor vehicle under the influence of alcohol by 0.120%, while under the influence of alcohol by 0.120%, and driven a motor vehicle under the influence of alcohol by 0.072% on June 23, 2006, while under the influence of alcohol by 0.07% on March 11, 2007.

B. Thereafter, the Plaintiff, while under the influence of alcohol around 01:02 on February 21, 2019, driven a 500-meter 1st floor parking lot of the above apartment Ddong, from the road front of the apartment house C in emulation to the 1st floor parking lot of the above apartment in emulation.g., while under the influence of alcohol of 0.075%.

C. On April 5, 2019, the Defendant issued a disposition revoking the second-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had been driving under the influence of drinking more than twice (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on June 4, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the plaintiff left a place after drinking at the time and arrived at the house parking lot, but the plaintiff did not request a substitute engineer for parking due to cost-related issues and did not cause any physical or physical damage to the plaintiff's drinking driving, the distance from moving to a drinking driving is short, and the plaintiff is going to not drive a drinking again, and the plaintiff's small-scale household store is operated, and the plaintiff's sales and delivery are operated directly by the plaintiff, so it is impossible to perform his/her duties if the license is revoked, and the plaintiff must support his/her spouse and children.