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(영문) 울산지방법원 2019.07.11 2019구단1101

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. The Plaintiff acquired Class I ordinary drivers' licenses on June 5, 1989, Class I drivers' licenses on June 1, 1992, Class I drivers' licenses on April 28, 1993, respectively.

B. On November 4, 2018, at around 06:55, the Plaintiff driven approximately 300 meters of alcohol from the day before a restaurant located in Nam-gu, Nam-gu, Ulsan Metropolitan City, to the front road located in the same Dong while under the influence of alcohol by 0.164% of alcohol level (hereinafter “instant drinking driving”).

C. On December 18, 2018, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the blood alcohol level at the time of the instant drunk driving was 0.164%.

On January 28, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said commission dismissed the said claim on February 22, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 through 13, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. In light of all the circumstances, the Plaintiff asserted that a person engaged in trucking transport business for 25 years is absolutely in need of the driver’s license due to his occupational characteristics and economic situation, since the Plaintiff acquired the driver’s license, he was engaged in exemplary driving except for several violations of minor laws and regulations prior to driving under the instant case, which was 0.164%, or 0.118% of the blood collection, and the respiratory measurement was merely 0.118%, and the Plaintiff thought that he was unable to drive by taking the water at least 6 hours after drinking, and that there was no personal and physical damage due to driving under the instant case, the instant disposition was unlawful since it was excessively excessive to the Plaintiff, and thus, it was unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1 punitive administrative disposition is socially accepted.