(영문) 수원지방법원 2018.12.12 2018구단4117

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.12.12 2018구단4117

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 February 25, 200, the Plaintiff acquired a Class I ordinary driver’s license, and was under the influence of 0.095% of blood alcohol level on February 7, 2002, and was under the influence of alcohol level 0.095% on July 30, 2002, and was under the influence of alcohol level 0.075% on July 30, 200 and was subject to two-time suspension of driver’s license. On March 17, 2003, the Plaintiff was subject to two-time suspension of driver’s license due to a vehicle under the influence of alcohol level 0.215%, but was under the influence of alcohol level 0.215% on March 17, 200, and was subject to revocation of driver’s license due to a failure to take relief and report.

B. On July 22, 2008, the Plaintiff acquired a Class 1 ordinary car driver’s license (B), and on July 18, 2018, around 00:45, the Plaintiff was under the influence of alcohol level 0.053% from the member-gu of Ansan-si and the front of the D Hospital located in the same Gu C from the street 736-8 of the Dong-gu, Ansan-si to the day before the D Hospital located in the same Gu C (hereinafter “instant drinking”).

C. On August 9, 2018, the Defendant: (a) applied Article 93(1)2 of the Road Traffic Act to the Plaintiff on the ground of drunk driving at least three occasions as stated in the preceding paragraph; and (b) revoked the license of the vehicle driving stated in the preceding paragraph (hereinafter “instant disposition”). D.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on October 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion did not cause a traffic accident through the drinking driving of this case; the plaintiff's blood alcohol concentration level is minor at the time of the drinking driving of this case; the possibility and risk of criticism for the drinking driving of this case is low; and the plaintiff's products are the head of the food distribution team division of cosmetics containers.

참조조문

-도로교통법 제93조 제1항 제2호

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