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(영문) 의정부지방법원 2019.08.22 2019구합1352

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 February 22, 2019, at around 23:10, the Plaintiff: (a) received 112 reports from the police officer who called “the driver is driving;” and (b) requested the police officer to respond to the measurement of alcohol by inserting three minutes in a drunk measuring instrument for drinking, such as smelling, smelling, drinking, and in a irregular distance. However, the Plaintiff did not comply with the request without justifiable grounds, even though there were reasonable grounds to recognize that he/she was driving under the influence of alcohol on three occasions, such as drinking alcohol measuring instruments.

B. On March 22, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I common) on the ground of the Plaintiff’s refusal to measure alcohol under Article 93(1)3 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter “former Road Traffic Act”).

C. On April 2, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on April 30, 2019.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 15, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff driven a drinking car to the end that the Plaintiff would cut off the vehicle while having frighten with the workplace rent, and did not interfere with the flow of traffic at the time, or did not cause a traffic accident.

The plaintiff has made efforts to avoid drinking driving by using a normal driving.

If a driver's license is revoked because it is essential for the Plaintiff to perform his/her duties due to the characteristics of the Plaintiff's occupation, the Plaintiff should retire from his/her current work and seek another work

The plaintiff has been married for a long time, and has to support the wife, her mother, and her mother who has no bad mother and income from the health, and is also economically difficult.

more.