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(영문) 대구지방법원 2017.04.07 2017구단10017

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 disposition;

A. On November 21, 2016, the Plaintiff is driving C cab under the influence of alcohol on the front side of the racing, on November 21, 2016.

On the same day, he caused a traffic accident requiring 8 weeks' medical treatment D, and the blood alcohol concentration was measured as 0.110% as a result of the pulmonary measurement conducted by the police officer around 21:49 on the same day.

B. The Plaintiff, who is dissatisfied with the above pulmonary test result, demanded blood collection, and the blood alcohol concentration was measured at 0.125% as the result of the request for appraisal after collecting blood around 23:56 on the same day.

C. On December 26, 2016, the Defendant issued a disposition to revoke the driver’s license (Class I ordinary) as of January 11, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle under the influence of alcohol content 0.125% while under the influence of alcohol and caused a traffic accident for human damage (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on February 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that since the plaintiff started the taxi transport business, he received an official commendation from the National Police Agency for a 20-year accidentless driving without the influence of alcohol or traffic accident and continued to engage in transport service activities under the jurisdiction of the Exemplary Drivers Association. The blood alcohol concentration, which served as the basis of the disposition in this case, is difficult to readily conclude it as a drinking level at the time of driving, does not exceed the license cancellation value excessively, and the traffic accident on the date of the accident is not due to drinking, but due to the head of the vehicle at the time of the accident, not due to drinking, but due to the accident, and the degree of actual injury of the victim, and if the driver's license is revoked, the driver's license in this case is revoked only