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(영문) 광주지방법원 2015.04.23 2014구단741

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. The Plaintiff (acquisition of Class I ordinary driver’s license on March 13, 1982, and Class I driver’s license on December 22, 1990) driven B Poter truck on the road front of the Nam-gu Southern-gu Seoul Metropolitan City Seo-gu Seosan Elementary School under the influence of alcohol content of 0.130% at around 00:23 on March 6, 2014.

B. Accordingly, on March 19, 2014, the Defendant issued the instant disposition against the Plaintiff, revoking the Plaintiff’s driver’s license as of April 16, 2014.

C. On June 24, 2014, the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6 (including branch numbers if there are serial numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On March 5, 2014, the day before the plaintiff's argument, at the ordinary meeting of the driver of the monthly driving on March 5, 2014, the driver's license was taken one case, and the driver of the monthly driving school was not represented by the reason that he was unable to drive by proxy. The plaintiff's personal cargo vehicle cannot be operated by proxy, due to transportation reservation following the following day, the plaintiff's personal cargo vehicle cannot be operated by proxy, and the driver thought that it was lost by drinking for about 400 meters, and the driver was exposed to drinking control at the point of 400 meters of driving, and the minor accident after the acquisition of the driver's license was found to have been licensed as a drinking driver, but all of it was done before December 21, 2002, and the mother did not receive the driver's license for traffic offense or drinking, and the mother did not live with the mother's personal cargo without being able to receive the driver's license of this case.