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(영문) 제주지방법원 2014.12.17 2014구합599

자동차운전면허취소처분취소

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1. On April 7, 2014, the Defendant’s revocation of the driver’s license granted to the Plaintiff on April 7, 201, is a Class II driver’s license.

Reasons

Details of the disposition

A. On August 24, 2002, the Plaintiff acquired Class II ordinary drivers’ licenses, Class II small drivers’ licenses on September 7, 2002, Class I ordinary drivers’ licenses on April 1, 2003, and Class I large drivers’ licenses on November 1, 201.

B. On March 25, 2014, at around 22:30, the Plaintiff viewed alcoholic beverages at a singing room located in the Kim Jong-si, Kim Jong-si, and around 01:30 on March 26, 2014, the following day, the Plaintiff driven approximately 1.5 km on the roads adjacent to bus stops No. 1004, Dongsan-dong (hereinafter “instant vehicle”).

C. After that, on March 26, 2014, the Plaintiff measured the alcohol level at around 03:30, and the Plaintiff’s blood alcohol level at the time was 0.103%.

Accordingly, on April 7, 2014, the Defendant issued a disposition revoking the Plaintiff’s driver’s license as of May 7, 2014 (hereinafter “instant disposition”) on the ground that the Plaintiff driven the instant vehicle while under the influence of alcohol content 0.103%.

[Reasons for Recognition] A, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4, and the purport of the whole argument as to legitimacy of disposition of the whole argument by the plaintiff at the time of the so-called so-called "dacting so-called "dacting" of this case, the police at the time of the so-called "dacting so-called "dacting so-called" of this case, without the plaintiff's permission or consent. Thus, since

The Plaintiff is driving the instant vehicle with a Class 1 large, ordinary, and Class 2 ordinary driver’s license.

It is unfair to revoke the second-class driver's license that is discovered for drinking, and the second-class driver's license.

Furthermore, the Plaintiff has an exemplary driving experience with 12 yearslessless accidents, without driving, and without driving, and as dump truck driver, a family's driver's license needs to maintain the livelihood. Therefore, the instant disposition should be revoked by a disposition that deviates from or abused discretionary power.

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

In this case, the existence of the reasons for the disposition is examined.