(영문) 수원지방법원 2020.11.27 2020구단4004

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Reasons

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(영문) 수원지방법원 2020.11.27 2020구단4004

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 4, 2005, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.076% of alcohol level.

B. After that, on June 11, 2020, the Plaintiff, while under the influence of alcohol at 0.049% of alcohol level on blood alcohol level, was driving a B-H car at a 300-meter level from the front of the Mannam-si, the Mannam-si, C-V, and the front of D-V road at a 00-meter level.

C. On June 18, 2020, the Defendant issued a disposition revoking Class 1 ordinary and Class 2 ordinary drivers' licenses against the Plaintiff on the ground that the Plaintiff was driving again under the influence of drinking alcohol (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion is relatively short that human and material damage did not occur due to the plaintiff's drinking driving and the distance of the vehicle driving is relatively short, the plaintiff is expected not to drive an apartment again against the plaintiff, and the plaintiff is expected not to drive an apartment again, and the plaintiff has to continue to drive the legal system of Gangwon-do in which the place of business is located, the company's standing school, and the income sources at the place of residence. Therefore, when the driver's license is revoked due to the necessity of the driver's license due to the vehicle's necessity, it is impossible to perform his/her duties, and the plaintiff needs to support his/her spouse and children and pay a large amount of debt, and the disposition of this case is revoked because it is too harsh to the plaintiff, and thus, it should be revoked.

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act are applicable to cases where a person who drives under the influence of alcohol once again drives under the influence of alcohol and thus constitutes grounds for suspending the driver’s license

참조조문

-도로교통법 제93조 제1항

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