logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.08.21 2019구단2323
자동차운전면허 취소처분취소
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 July 7, 2001, the plaintiff driving without a license (the time of driving a motorcycle) and driving without a license on April 17, 2002 (the time of driving a motorcycle), and was sentenced to a criminal punishment. On July 13, 2002, the plaintiff acquired a Class II driver's license for a motorcycle on April 17, 2004, a Class II driver's license for a small-sized motor vehicle on May 12, 2004, and a Class II driver's license for a ordinary motor vehicle on May 12, 2004, but was revoked on February 19, 2005 after causing a personal traffic accident and failing to report.

B. On October 23, 2009, the Plaintiff again acquired a Class II ordinary driver’s license (B), Class II ordinary driver’s license on February 24, 2010, Class I driver’s license on October 19, 2017, and on February 12, 2019, around 03:21, the Plaintiff driven approximately 200 meters GT650 obbs in the front of the F kindergarten located in Jeju City from the street in front of the D store located in Jeju City to the front of the F kindergarten located in Jeju City (hereinafter “instant drinking”).

B. On March 12, 2019, 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 to the Plaintiff on the ground of 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 May 21, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff was using a usual driving, the Plaintiff did not cause a traffic accident through the pertinent drunk driving, the distance of the pertinent drunk driving is relatively short, and the Plaintiff was a director of Jeju-do around February 1, 2018, who was married in the absence of a monthly salary for five months, was the unemployed one half-year on the wind, and was employed as Jeju-do director on January 1, 2019, and was employed as a production and delivery member to the H restaurant and was employed as the 4th group restaurant.

arrow