(영문) 대구지방법원 2015.02.06 2014구단1210

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(영문) 대구지방법원 2015.02.06 2014구단1210

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. On April 29, 2014, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license on the ground that the Plaintiff was found to drive B vehicles in the state of alcohol alcohol influence concentration on April 11, 2014, but the Plaintiff refused to comply with the request by the control police officer for alcohol measurement without justifiable grounds.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The Plaintiff sustained an injury while driving a drinking after drinking alcohol at the time of the instant case, and thereby caused a traffic accident, and the police officer under the control took a breath test in a situation where it is impossible to take a breath test due to the breath degree due to the breath degree due to the breath degree difficult. Accordingly, the Plaintiff failed to take a breath test on several occasions but the Plaintiff failed to take a breath level due to the lack of breath level, and the crackdowned the Plaintiff’s refusal to take a breath test. In light of the above circumstances of the instant case, it cannot be deemed that the Plaintiff refused the breath test, and thus, the instant disposition was unlawful, considering that the Plaintiff responded to the breath level due to the breath level due to the breath level due to the breath level due to the Plaintiff’s no breath level due to the breath degree due to the cancellation of the driver’s license.

B. Determination 1) In full view of the purport of the argument as to the first argument Nos. 2, 2, and 3 of the judgment Nos. 2, 2, and 3 of the first argument, the Plaintiff, while driving alcohol at around Apr. 11, 2014 and driving alcohol at around Apr. 21, 2014, has a traffic accident that conflicts with the E-vehicle, which had changed the vehicle line on the front road of the D Special Metropolitan City located in Busan Metropolitan City, at the time.

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