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(영문) 춘천지방법원 2019.04.09 2018구합5121

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 27, 2017, at around 23:45, the Plaintiff driven a F Saturdays car while under the influence of alcohol at about 1 km section from the front of C located in the Won-si, to the E side of D located in the Won-si.

(hereinafter referred to as “drinking driving of this case”). (b)

At the time of the crackdown on drinking driving of this case, the Plaintiff’s blood alcohol concentration was measured by 0.127%.

C. On December 8, 2017, the Defendant revoked the Plaintiff’s driver’s license (class 1 common and class 2 common) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving the instant drinking alcohol.

(hereinafter “instant disposition”) D.

On January 23, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on February 27, 2018.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 4, Eul evidence 1 through 4, 7, 8, 10, 11, and 12, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff performed the Bocoming procedure ishhhh, and the Plaintiff was not provided with water at the time of a drinking test due to the pertinent drinking driving, and was not provided with an opportunity to put the water into place.

As a result, since the blood alcohol level of the Plaintiff was measured so as to be distorted, the instant disposition that was based on the premise that the Plaintiff’s blood alcohol level was 0.127% at the time of driving under the influence of alcohol was unlawful.

3. The indication of the relevant regulations shall be as shown in the attached Form;

4. Determination

A. According to the above evidence, the plaintiff was under the influence of alcohol at the time of the crackdown on the driving of a motor vehicle on the road, and the blood alcohol level of the plaintiff was measured at 0.127%, and the statement on the circumstances of the driver at the time was written on the vehicle. The statement on the situation of the driver at the time stated that "the entry into a water el elel" is stated as "the elel elel." The next side of the report is confirmed as the above facts, and the license is granted for the driving of a motor vehicle.