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(영문) 수원지방법원 2019.11.29 2019구단3432
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 4, 2019, at around 00:12, the Plaintiff, while under the influence of alcohol of 0.125%, driven a BEE car owned by the Plaintiff, and 3 km from the roads front of the middle-gu Incheon Metropolitan City, Jung-gu to the roads front of the DEt located in the same Gu C.

B. On July 5, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1% (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 29, 2019.

[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 was relatively short of the distance from which the plaintiff did not incur any personal or material damage due to the plaintiff's drinking driving, and the plaintiff's acquisition of the driver's license was about 19 years, there was no history of traffic accident or driving under influence, and the plaintiff is expected not to drive under influence again, and the plaintiff is going to not to drive under influence again. The plaintiff is engaging in the insurance business and mainly in carrying and educate new employees while engaging in the business. During that process, new employees must be carried on the plaintiff's vehicle and go to various areas, such as the region where they are carrying on the plaintiff's vehicle, etc., and when the license is revoked, the contract documents, insurance-related documents, personal effects, and bloth PC, etc. should not be performed, and if the license is revoked, it should be revoked, it should be revoked due to excessive deviation from the discretion of the plaintiff.

(b) judgment;

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