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(영문) 수원지방법원 2019.10.25 2019구단2767
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 April 18, 2019, the Plaintiff, while under the influence of alcohol around 23:00, driven a B camping car at a 0.122% alcohol level, and driven a 10km km from the front of a restaurant located in the Manyang-si to E in the Sinyang-si, Sinyang-si, to the front of the road located in D at Sinung-si.

B. On May 17, 2019, the Defendant issued a disposition revoking the Class II 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 July 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's argument does not cause any personal or material damage due to the plaintiff's drinking driving, the plaintiff's acquisition of the driver's license that caused a traffic accident for about seven years, or that the plaintiff would not drive under the influence of alcohol again, against the fact that there is no history of driving under the influence of alcohol for about seven years, and that the plaintiff is working as a pharmaceutical company. The plaintiff is working as a pharmaceutical company. The difference between the plaintiff's residence and the business jurisdiction is about 50 km, the vehicle must carry promotions on the vehicle, and 50 or more business partners must handle the vehicle every day, and the license should be actively involved in the event related to the business, such as a meal place with the customers in the night, the core of the team, etc., so it is impossible to perform the business if the license is revoked, and the license of this case must be revoked because it is in violation of the law that excessively deviates from the discretion of the plaintiff.

(b) judgment 1 sanctions.

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