logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.22 2019구단2903
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 March 27, 2019, the Plaintiff, while driving a motor vehicle on or around 16:15 on March 27, 2019, caused a traffic accident that may cause human and physical damage to the motor vehicle and thereby, was given the penalty points of 25 points in total, including the penalty points of 10 points and 15 points for personal damage (one severe person)

B. On April 2, 2019, at around 05:53, the Plaintiff driven a B K3 car while under the influence of alcohol of 0.098%, and 20 meters from the Ddong of Gwangju City to the front of his/her residence.

C. The Defendant, the Plaintiff, and the Plaintiff

The above is given 100 points for driving under the influence of alcohol.

On May 8, 2019, on the ground that the sum of the penalty points in paragraph (1) added to the driver's license was 121 points or more for one year, the driver's license was revoked (hereinafter "the instant disposition").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 July 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that although the plaintiff was at the bar of drinking after drinking alcohol, the proxy engineer went off from the car due to the agency fee, the plaintiff was trying to drive a vehicle directly within 10 meters after drinking alcohol, there is no personal damage due to the plaintiff's drinking driving, the distance of driving after drinking alcohol is also safe, and the plaintiff is going to not drive a drinking again. The plaintiff is a security position in the company. However, the plaintiff is required to prepare for returning and working at the workplace up to 06:20, the distance between the plaintiff's residence and the company, and the distance between the plaintiff's public transportation is 30 km or more, and it is difficult for the plaintiff to drive a vehicle without driving the vehicle.

arrow