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(영문) 인천지방법원 2017.11.14 2017구단74
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 19, 1981, the Plaintiff acquired a Class 1 ordinary driver’s license, Class 1 driver’s license on May 9, 1986, Class 1 driver’s license, Class 1 driver’s license on February 8, 1987, and Class 1 driver’s license on February 8, 1987, and the Defendant issued a disposition to revoke all of the above driver’s license against the Plaintiff on January 11, 2017, on the ground that “the Plaintiff, while under the influence of alcohol on September 26, 2016, 0.125% of the blood alcohol content at around 50 meters near the entrance of the latter part of Incheon Jung-gu, Jung-gu.”

(hereinafter, the above criminal facts constituting the grounds for disposition are as follows. B.

The Plaintiff dissatisfied with the instant disposition and filed an appeal with the Central Administrative Appeals Commission, but was dismissed on March 14, 2017.

C. On the other hand, on July 20, 2017, the Plaintiff was convicted of committing the instant crime and was sentenced to a fine of KRW 4 million in the instant case of violation of the Road Traffic Act (Mambling) by this Court Decision No. 2017, 648, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 15 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant issued the instant disposition on the premise that the Plaintiff’s blood alcohol concentration at around 23:53 on September 26, 2016, after deducting 0.056% from the Plaintiff’s blood alcohol concentration at 0.181% of the Plaintiff’s blood alcohol concentration at around 23:53, the Plaintiff deducted the Plaintiff’s additional amount of drinking alcohol (i.e., 1/4 disease and 1/4 disease) from the blood alcohol content to the blood alcohol concentration, and then the Plaintiff’s blood alcohol concentration at 0.125%. Such simple calculation cannot be trusted on the premise that the Plaintiff’s blood alcohol concentration at the time of driving under the premise that the blood alcohol concentration at the time of driving under the influence of alcohol is 0.125% from the time of the accident, the instant disposition was unlawful.

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