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(영문) 수원지방법원 2020.07.22 2020구단1548

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 December 9, 2019, at around 05:44, the Plaintiff driven a B Poter II cargo vehicle while under the influence of alcohol of 0.049%, and operated a approximately 35 km section from the front of the D in the Gyeonggi Ero-si in the Gyeonggi Ero-si in the Gyeonggi Ero-si.

B. On May 19, 2015, the Plaintiff was revoked his/her driver’s license on the ground that he/she was driven under the influence of alcohol 0.138%.

C. On December 20, 2019, the Defendant issued a disposition revoking the first-class driver’s license to the Plaintiff on the ground that the Plaintiff was making a drunk driving twice or more, pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”). D.

The Plaintiff filed an administrative appeal against the instant disposition on January 7, 2020, but the Central Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on March 3, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the substance of the Plaintiff’s assertion did not cause any personal or material injury due to the Plaintiff’s drunk driving, the fact that the Plaintiff actively cooperates in the detection, the Plaintiff’s driver’s license is essential to maintain his livelihood as a bus driver, the Plaintiff’s spouse and two children, and the Plaintiff is currently against and is going not to drive under the influence of alcohol again, the instant disposition should be revoked because it is too harsh to the Plaintiff and is in violation of an abuse of discretionary authority.

(b) as shown in the attached Form of the relevant statutes.

C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) and Article 2 of the Addenda of the Road Traffic Act, when a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201 falls under the grounds for the suspension of the driver’s license, the driver’s license shall be granted to the Commissioner of