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(영문) 수원지방법원 2015.09.25 2015구단1681
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 instant disposition

A. On December 1, 1989, the Plaintiff acquired and driven a Class 1 ordinary driver’s license (B), and was under the influence of alcohol, around December 24, 2014, at around 03:46, the Plaintiff was driving C business car owned by the Plaintiff, and set up a vehicle as a substitute line within the intersection of the Damn-gu, Suwon-gu, Suwon-gu.

B. A police officer, who was called upon the Plaintiff’s report that the Plaintiff was interfering with the passage of other vehicles in a crossing as above, demanded a police officer to accompany the Plaintiff to respond to a drinking test on three occasions from 04:03 to 04:35 on the part of the Plaintiff while under the influence of alcohol, on the ground that there are reasonable grounds to believe that the Plaintiff was driving under the influence of alcohol, but the Plaintiff did not comply with the request for a drinking test without justifiable grounds.

C. Accordingly, the Defendant revoked the Plaintiff’s driver’s license on January 12, 2015 pursuant to the proviso of Article 93(1) and Articles 93(3) and 44(2) of the Road Traffic Act, and Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act.

The Plaintiff filed an administrative appeal on February 4, 2015, but was dismissed on March 17, 2015.

[Ground of recognition] Unsatisfy, entry of Eul evidence No. 4

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1: (a) driven a vehicle at a level of about 5 meters after waiting for a substitute engineer at the time and waiting for the vehicle; (b) was stopped after driving the vehicle at a level of about 5 meters; and (c) followed the substitute engineer to drive the vehicle.

However, the police officer's demand for the measurement of drinking after stopping the plaintiff's vehicle and accompanying the vehicle to the earth.

As to this, the plaintiff did not know the English language and the appraisal, and did not comply with the drinking alcohol measurement, but did not refuse the drinking alcohol measurement intentionally.

If the plaintiff's driver's license is revoked, the plaintiff and the plaintiff's family are in difficult position.

The plaintiff is a donation activity.

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