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(영문) 수원지방법원 2019.12.11 2019구단3234

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 July 20, 2004, the Plaintiff acquired a Class II ordinary driver’s license (B) on April 9, 2019, and around 08:30 on April 9, 2019, the Plaintiff caused physical damage by driving approximately 33 km car volume on the side side of the two-lane while under the influence of alcohol at a point of 0.148% (commark application) from a non-place located in Guro-gu Seoul Metropolitan Government to a point of 8 km from the Seocho-gu Seocho-gu's Seocho-gu from a non-place of the Seocho-gu to a point of 0.148% (hereinafter referred to as the "commarking driving of this case"). While the Plaintiff neglected the Plaintiff’s duty of follow-up driving, the Plaintiff neglected the Plaintiff’s duty of follow-up driving and caused a traffic accident that causes physical damage by shocking the front part of the D Highway patrol, which was under safety measures at the rear of the Plaintiff’s vehicle.

B. On May 22, 2019, the Defendant rendered a disposition to revoke the 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 July 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff was driving on an exemplary basis without any particular accident for 16 years, the plaintiff actively cooperates with and reflects to investigation agencies in relation to the driving of the case, and the plaintiff is in charge of the production of the E company FF meat processing production, and is in charge of the production of the 3rd unit work, during a time-time period during which public transportation is not accompanying due to the characteristics of the business. Since he must commute from Gwangju City which is a residence to Jcheon-gun which is the location of the company, he must commute to the workplace, the driver's license is essential, and the plaintiff must support wife and two children, and first, it is economically difficult for his children to raise financial costs.