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(영문) 의정부지방법원 2021.01.25 2020구단1764

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On September 23, 2017, the Plaintiff acquired a driver’s license (Class 2 motor bicycle, Class 2 ordinary, Class 2 small-sized) in 1998, and subsequently revoked the driver’s license held on November 8, 2017, which was held on September 23, 2017 by the Plaintiff while driving under the influence of alcohol of 0.061%. The Plaintiff acquired the driver’s license (Class 2 motor bicycle) on June 5, 2018, and acquired the driver’s license (Class 2 common) on November 22, 2018.

B. On April 17, 2020, the Plaintiff driven a B food car at a distance of about 12 km from the parking in the vicinity of the Namyang-si Tax Office located in the Namyang-si, Namyang-si, which is under the influence of alcohol of 0.128% among the blood transfusions (hereinafter “driving of this case”).

(c)

On May 12, 2020, the Defendant revoked all of the Plaintiff’s driver’s licenses on the ground of the instant drinking driving (hereinafter “instant disposition”). D.

On May 15, 2020, the Plaintiff appealed against the instant disposition and filed an administrative adjudication with the Central Administrative Appeals Commission, but was dismissed on October 27.

[Evidences : Evidence Nos. 1, 2, 1 through 12]

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was accompanied by his own meal, but the driver's license was absolutely necessary for the maintenance of livelihood due to the nature of the duty to provide follow-up services and the family support and economic situation, and the disposition of this case was abused by exceeding the scope of discretion or abuse discretionary power.

(b) Article 44 of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) (1) shall be under the influence of alcohol.