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(영문) 대전지방법원 2020.11.26 2020구단1433
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On December 23, 2019, the Plaintiff, while driving a B vehicle under the influence of alcohol of 0.077% of the blood alcohol concentration, was negligent in performing his/her duty of front-time care while driving on the road in front of the shooting distance in the city of Mannam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, and attempted to walk along the crosswalk as is without taking relief measures, etc., even though the victim’s her her her her her her her her her her her her her her her her her her her her face face, etc. required to be treated for about two weeks.

B. On February 28, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 ordinary) pursuant to Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff’s driving under the influence of alcohol as above caused a personal traffic accident (one regular traffic accident) and did not perform on-site relief measures or duty to report (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request on August 25, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence Nos. 1, 2 and 7 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of all circumstances such as the Plaintiff’s assertion that the accident investigation process of this case was faithfully conducted, that is, the driving experience of an accident for 14 years, that is, the drinking driving distance is only 500 meters, that is, the use of a usual agency driving, that is, the Plaintiff sent a substitute engineer at the time and moved to a place where it is easy for the substitute engineer to find, and the traffic accident occurred while the Plaintiff was in office as a business employee, that is, the operation of the vehicle is essential, economic difficulties, and that there is a family member to support, the instant disposition exceeded the scope of discretionary authority or abused discretionary authority.

(b) relation.

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