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(영문) 수원지방법원 2019.11.27 2019구단3692

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 November 30, 2010, the Plaintiff acquired a Class 1 ordinary driver’s license (B), and around May 16, 2019, the Plaintiff driven approximately 10 meters of Gone Star Co., Ltd. (hereinafter “instant drunk driving”) from the front of the D building located in C in C in C in C in C in C in C in C in the city of Si interest to the front of the F Real Estate in E in the city of Si interest, while under the influence of alcohol content of 0.188%.

B. On June 4, 2019, the Defendant rendered a disposition to revoke the driver’s 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 September 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff used a usual driving and tried to use a substitute driving in the case before the driving of the drinking, the plaintiff did not cause a traffic accident through the drinking driving of the case, the possibility of criticism and dangers about the drinking driving of the case, the plaintiff has been exemplary driving without any particular accident for 10 years, the plaintiff actively cooperateed with the investigation agency in relation to the drinking driving of the case, the plaintiff retired from his office while he was a person who was a Taekwondo clibr and was a Taekwondo clibr in Ansan City, the plaintiff needs a driver's license for the original students, the plaintiff must support his family, the plaintiff must support his family, and the plaintiff has suffered economic difficulties due to the economic thickness of his entrance while leaving his retirement age by cutting off his hand, the plaintiff has received the Taekwondo seal, and the loan for debt collection and the loan for living expenses, etc., and the plaintiff's emergency situation at the time of pregnancy.