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(영문) 수원지방법원 2017.10.20 2017구단8167

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. (i) On July 15, 2017, the Plaintiff was under the influence of alcohol on the blood alcohol level of 00:59 on July 15, 2017, and was exposed to the police officer under the influence of alcohol while driving approximately 10 km to D’s front road, which is located in C at Sinhn-si, Sinung-dong, Sinung-si, Sinung-si, Sinung-si.

B. On July 25, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Sep. 5, 2017).

【Fact-finding without dispute over the ground for recognition, evidence No. 1, evidence No. 4 through 13, the purport of the whole pleadings

2. The plaintiff asserts that the disposition of this case is legitimate, in full view of the following: (i) the plaintiff's own building business and interior decoration business requires a driver's license for family life; (ii) the driver's license is not available after re-acquisition of the driver's license in 2006; and (iii) the substitute driver's license was not available on the day of the case; and (iv) the substitute driver's license was forced to drive under the influence of alcohol on the ground that the substitute driver's license was not changed from the original destination; and (iv) the substitute driver's license was forced to drive under the influence of alcohol on the ground that the substitute driver's license was forced to run under the influence of alcohol.

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a person drives under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the cancellation of the license, and shall be given official commendation by the chief of a police station or higher by taking advantage of the following: (a) the time when the person drives under the influence of alcohol (not less than 0.1% of blood alcohol concentration) is an important means to maintain his family's livelihood;