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(영문) 수원지방법원 2018.08.29 2018구단1842
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 February 13, 198, the Plaintiff acquired a Class 1 ordinary driver’s license (B) on February 13, 198. On January 7, 2018, at around 01:18, the Plaintiff caused a traffic accident involving the shocking of other vehicles while driving approximately approximately 20 meters from the public parking lot in the Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul Metropolitan City under the influence of alcohol by 0.103%.

B. On February 6, 2018, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was trying to use the substitute driver immediately before the drinking driving of this case. The possibility and risk of criticism on the drinking driving of this case is significantly low, the plaintiff was driving the freight without any particular accident for 4 years, the plaintiff's blood alcohol concentration at the time of the drinking driving of this case is minor, the plaintiff's driver's license as cargo driver is essential for the maintenance of his/her livelihood, the plaintiff actively cooperates with and reflects with the investigative agency in relation to the drinking driving of this case, the plaintiff must support his/her spouse and development disorder 2 and is economically difficult, such as household debts.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.

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