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(영문) 수원지방법원 2019.05.15 2019구단877
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 13, 2008, the Plaintiff acquired a Class II ordinary driver’s license (B), and around November 19, 2018, the Plaintiff driven a vehicle of approximately 3 km of the Enbbnb with approximately 0.121% alcohol level under the influence of alcohol level 0.121% on the roads in front of the frequency of the Enbnb-dong, which are located in D in the same city from November 19, 2018 to D in front of the same city (hereinafter “instant drinking”).

B. On December 8, 2018, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff used his/her ordinary driving, and tried to use his/her substitute driving prior to his/her driving under the influence of alcohol in this case, the plaintiff did not cause a traffic accident through his/her driving under the influence of alcohol in this case, and the possibility and risk of criticism and criticism about the driving under the influence of alcohol in this case, the plaintiff has been exemplary driving for 12 years, and the plaintiff is in charge of preparing plans at the construction site, and he/she is going to work while attending and leaving the workplace. Since he/she is unable to use public transportation in his/her urban and external area, his/her driver's license is essential for maintaining his/her livelihood; the plaintiff actively cooperates with and reflects with an investigation agency in relation to the driving under the influence of alcohol in this case; the plaintiff must support his/her spouse and one child; the plaintiff must provide economic assistance to his/her parents; and it is economically difficult for him/her to bear living expenses.

(b) judgment 1 sanctions.

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