beta
(영문) 수원지방법원 2019.06.14 2019구단884

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 November 28, 2018, at around 22:55, the Plaintiff driven a B-hand vehicle while under the influence of alcohol of 0.121%, and 1 km from the roads near the dong-dong dong dong dong dong dong dong dong dong dong dong dong dong dong Do to the front of the road in the same city C.

B. On December 22, 2018, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, which is the criteria for revoking the license.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's argument is that the plaintiff's spouse, who had been pregnant eight months of pregnancy while drinking alcohol at his/her own border, contacted with him/her that he/she had a certificate of multiple times, and that there was no urgent mind, and there was no physical or physical damage due to the plaintiff's drinking driving, since the plaintiff acquired the driver's license, the plaintiff caused a traffic accident for about twenty-one years, did not have any history of driving under influence, and the plaintiff is now going against and again not driving under the influence of alcohol, and the plaintiff is working as a design DNA for the semiconductor factory design. The plaintiff is working in a semiconductor factory design. Since there are many cases where the factory site to visit is long and the rapid movement is needed for urgent work, if the license is revoked and it is difficult to drive due to the cancellation of the license, it should be revoked because it is too harsh to the plaintiff, thereby abusing discretion.

B. Determination 1 sanctions are imposed.