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(영문) 수원지방법원 2020.07.03 2020구단1357

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 December 4, 2019, at around 22:13, the Plaintiff driven a radar car while under the influence of alcohol of 0.097%, and at least 5 meters on the front of C at the time of entertainment.

B. On December 18, 2019, the Defendant issued a disposition to revoke each driver’s license written in the Plaintiff’s claim against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's argument is that the plaintiff was an agent for returning home to the client's employee after the plaintiff had the client's employee and the client's employee. The plaintiff's employee had been parked in front of the client's employee before his arrival and the driver's employee's employee's request to move his vehicle early before his arrival. The plaintiff's vehicle's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's license is short, and the plaintiff's driver's driver's driver's driver's license should not be cancelled.