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(영문) 수원지방법원 2016.08.19 2016구단982
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 June 20, 2012, the Plaintiff acquired a Class 1 ordinary car driver’s license (B), and around 06:00 on September 20, 2015, while under the influence of alcohol of 0.114% (the applied numerical value of the Ramark formula) of blood alcohol level, the Plaintiff driven a Category NAS car and proceeds from driving the CNS car at the point 394km from the 394km in the Gyeongn Highway to the new quarter off, while driving a dump truck at the point 394km from the 3rd lane, and caused a traffic accident that causes the driver of the damaged vehicle to inflict an injury, such as light dump, which requires two-day medical treatment.

B. On October 20, 2015, the Defendant rendered the instant disposition to revoke the Plaintiff’s above driver’s license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff.

C. The Plaintiff filed an administrative appeal on December 21, 2015, but was dismissed on January 19, 2016.

【Reasons for Recognition】 Description of Evidence No. 4 and the purport of the whole pleading

2. Whether the disposition is lawful;

A. At the time of the Plaintiff’s assertion, the blood alcohol concentration at the time of the Plaintiff’s assertion is relatively low; the Plaintiff entered a rest area to not drive a stroke at the time, which is likely to be subject to criticism that the contact accident occurred; and the Plaintiff’s work, such as the installation of a window as a daily-service worker, is unable to continue work without a driver’s license; and the Plaintiff’s family’s livelihood is difficult when the driver’s license is revoked, the instant disposition is excessively harsh to the Plaintiff, and thus, it is unlawful for the Defendant to abuse its discretionary power.

B. Each statement of evidence Nos. 2, 3, 8, 9, and 10 of the board Nos. 2, 2, 3, 8, 9, and 10 are considered as a whole, and the following circumstances, namely, alcohol level at the time of the Plaintiff cannot be deemed as a lower-level amount when the Plaintiff exceeded 0.114%, the limit of permission for drinking driving, which is 0.05%, and above all, it cannot be deemed that there was a circumstance that the Plaintiff could not avoid driving under the influence of alcohol, and it actually causes personal damage.

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