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(영문) 수원지방법원 2019.07.24 2019구단1887
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 August 18, 198, the Plaintiff acquired a Class 2 motorcycle driver's license, a Class 2 ordinary driver's license on November 22, 191, and a Class 2 small driver's license on February 19, 194. However, on October 9, 1996, the Plaintiff was revoked the driver's license as excess of given points.

B. On September 19, 200, the Plaintiff again acquired a Class I ordinary driver’s license on October 7, 200, Class II driver’s license on October 26, 2000, Class I driver’s license on February 26, 2001, and on October 20, 2015, 100 driver’s license on drinking (0.093% blood alcohol level) on February 16, 2016. On December 18, 2018, the Plaintiff was subject to a 100-day suspension of her driver’s license on the drinking (0.093% of blood alcohol level). On December 18, 2018, the Plaintiff was under the influence of 0.151% in blood alcohol level on the front of a high-speed restaurant on the emulculation map from 04:37 on October 18, 2018 to c).

C. On February 6, 2019, the Defendant rendered a disposition to revoke the license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff used a usual driving, and tried to use a substitute driving immediately before driving the instant drinking, and the Plaintiff did not cause a traffic accident through the instant drinking driving, the distance of the instant drinking driving is relatively short, the possibility of criticism and danger about the instant drinking driving, the Plaintiff is concurrently engaged in various duties with construction machinery dump truck transport business with construction machinery-related persons, and is subject to a public auction as a debt for the payment of dump truck.

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