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(영문) 춘천지방법원 2019.01.08 2018구합5701
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 May 5, 2018, the Plaintiff driven D low-income motor vehicle under the influence of alcohol with approximately 1km from a section of about 1km to a 0.123% alcohol level from the front of the post office of Taecheon-si, Taecheon-si to the front road of the C apartment house in Taecheon-si B.

(hereinafter referred to as “the instant drunk driving.” The Plaintiff is proceeding on the front side of the Taeg-si, Taeg-si, B, to the intersection of the listed railway distance from the edge of the E Elementary School, due to negligence of neglecting the duty of care to thoroughly conduct the front side and the left side side and right side side side side side of the road, while driving on the front side of the E Elementary School.

The part of the G K7 car driven by the victim F who was under the stop was shocked by the front part of the car of the franchise, and the above victim suffered approximately two weeks of medical treatment.

(hereinafter referred to as “instant traffic accident”). (b)

On May 30, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary) pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the pertinent drunk driving and the instant traffic accident (hereinafter “instant disposition”).

C. The Defendant dissatisfied with the instant disposition and filed an administrative appeal on June 19, 2018, but the said claim was dismissed on July 27, 2018.

【Unsatisfied Facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 3, 5, 8, 9, 14 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion ① excluding the Plaintiff’s minor violation of laws and regulations for about 36 years following the Plaintiff’s acquisition of a driver’s license, there was no history of driving or causing a traffic accident; ② the Plaintiff’s contact with a proxy driving company on several occasions, which led to the instant drinking driving, and ③ the Plaintiff’s blood alcohol concentration.

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