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(영문) 수원지방법원 2020.02.05 2019구단9096

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 September 5, 2001, the Plaintiff: (a) obtained a Class I ordinary driver’s license on October 27, 2006; (b) a Class I driver’s license on January 23, 2007; (c) a Class I driver’s license on January 11, 2007; and (d) obtained a Class I special driver’s license (B) on January 29, 207; (b) around June 23:29, 2019, the Plaintiff driven approximately 0.154% of blood alcohol concentration in front of the D industrial company located in E in E in E in E in E in E in E in E in E in E in E in E (0.181%) under the influence of alcohol.

B. On July 26, 2019, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on October 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 4, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff used a usual driving, and tried to use a substitute driving immediately before the driving of the instant drinking, and that the distance of the pertinent drinking driving was about 50 meters and did not have any traffic accident. The plaintiff was a model driving for 18 years without any violation of any specific Act or subordinate statute, except for the violation of signal signals once every time, and the plaintiff was involved in the exemplary driving without any specific violation of any specific Act or subordinate statute. The plaintiff was in profoundly and in cooperation with the investigative agency. The plaintiff is in need of occupational driver's license as the performance inspector of the road safety performance test site of the Korea Highway, and the first, first, first, first (large, large, and salvage) driver's license is all necessary when working as H at the road safety performance test site, and it is difficult for the plaintiff to obtain these driver's license again.