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(영문) 수원지방법원 2018.08.22 2018구단2302
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. The Plaintiff obtained a Class 2 ordinary driving license on February 6, 1996. On March 12, 2004, the Plaintiff was revoked the driver’s license by driving a motor vehicle under the influence of alcohol level 0.173%. On June 3, 2005, the Plaintiff obtained a Class 1 ordinary driving license on June 3, 2005, but was revoked the driver’s license by driving a motor vehicle under the influence of alcohol level 0.172% on April 17, 2006.

B. On June 5, 2007, the Plaintiff again acquired a Class 1 ordinary driver’s license (B), and around 03:55 on February 14, 2018, the Plaintiff was under the influence of alcohol 0.092% of blood alcohol level, and was under the influence of alcohol level 0.092% on February 14, 2018, the Plaintiff was under the control of driving approximately approximately 200 meters of the Esch Rexton car volume from the street in front of the opposite prime market to D in the same Gu C (hereinafter “instant drunk driving”).

B. On March 2, 2018, the Defendant issued a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)2 of the Road Traffic Act on the ground of the 3rd alcohol driving stated in the preceding paragraph on March 2, 2018.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on May 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been using a usual driving, which did not cause a traffic accident through the pertinent drunk driving, the possibility and risk of criticism against the plaintiff's drinking driving of this case was low, the plaintiff's blood alcohol concentration is minor at the time of drinking driving of this case, and the plaintiff must take the construction site every day for reconstruction after carrying freight lanes materials and dismantling asbestos at national schools. Thus, the driving of the motor vehicle is essential, and the plaintiff actively cooperates with and reflects the investigation agency.

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