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(영문) 대전지방법원 2020.08.13 2020구단101876
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 26, 2019, the Plaintiff was given 110 points with the mark of 110 points as a physical traffic accident caused by drinking alcohol (0.096% of blood alcohol level) on February 26, 201. On February 3, 2020, the Plaintiff was given 20 points due to traffic accidents involving personal and material damage and became 130 points with the mark of 130 points with the mark of 20 points.

B. Accordingly, on March 17, 2020, the Defendant rendered a revocation disposition on the Plaintiff’s driver’s license (Class 1 common), on the ground that “one year total score exceeded 121 points.”

hereinafter referred to as "disposition of this case"

(C) The Plaintiff filed an administrative appeal against the Plaintiff, but was dismissed on May 12, 2020. [Grounds for Recognition] The Plaintiff did not dispute, Gap evidence Nos. 3, 4, Eul evidence Nos. 1, 2, 4, 8 (each of the descriptions, including the serial number, and the purport of the entire pleadings).

2. Whether the disposition is lawful;

A. The plaintiff's point of 110 points in 2019 is deemed to have been subject to drinking driving (100 points) and violation of the duty of safe driving (10 points), and the point of 10 points due to the violation of the duty of safe driving among them is extinguished upon the lapse of one year. The point of 2020 points has been left to the extent of 3 weeks. The date of the disposition in this case is 1 year from the date of the imposition of the penalty in 2019. At least 10 points of the penalty in this case, it is reasonable to view that the purpose due to the imposition of the penalty in 2019 is sufficiently achieved. In addition, except for the point of 10 points of the penalty in 2019, the aggregate point of the penalty points is 120 points, which exceeds 121 points in accordance with the disposition standards. The plaintiff is seriously against the plaintiff's duty of care without using the headlight in traffic accident in this case, and there is an economic fault of the plaintiff.

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