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(영문) 수원지방법원 2019.02.08 2018구단4131
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (i) On July 8, 2018, the Plaintiff driven BM6 car at approximately 200 meters prior to the long-term calendar distance, i.e., Kimpo-si, Kimpo-si, Kimpo-si, 1, and 68 long-term calendar distance, while under the influence of alcohol at 0.141% of the blood alcohol content around July 8, 2018.

B. On July 30, 2018, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (class I common and class II small vehicles).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2420, Oct. 10, 2018).

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple driving without an accident; (iii) the Plaintiff actively cooperated in the police investigation; and (iv) the fact that the Plaintiff’s driving license is required for the performance of its duties and family life as

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when operating a vehicle in a drunken state (not less than 0.1% of blood alcohol level) shall be determined on the basis of the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood or is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the specified requirements for exclusion.” One of the requirements for exclusion from mitigation, where a person drives a vehicle in the blood alcohol level exceeding 0.12% among the requirements for exclusion from mitigation, the person who causes a personal traffic accident while driving under influence.

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