(영문) 수원지방법원 2018.12.19 2018구단4070

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(영문) 수원지방법원 2018.12.19 2018구단4070

자동차운전면허취소처분취소

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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 September 23, 2014, the Plaintiff acquired a Class II ordinary driver’s license (B). On April 5, 2018, the Plaintiff was subject to a disposition of suspending a driver’s license for 50 days from May 19, 2018 to July 7, 2018, taking into account the mitigation factors on the wind that causes a traffic accident causing physical damage while driving a motor vehicle while under the influence of alcohol level of 0.096%.

B. On June 13, 2018, at around 09:45, the period during which the suspension of driver’s license was suspended, the Plaintiff controlled Csch Rexroth car driving approximately 40 km (hereinafter “instant driving”) from the front day of Kim Jong-si to the front day of the 845 Hancheon-si Park Park, to the front day of the Seoul Taecheon-si Park Park.

C. On June 28, 2018, the Defendant rendered a disposition to the Plaintiff to revoke the Plaintiff’s driver’s license by applying Article 93(1)19 of the Road Traffic Act on the ground of driving during the suspension period of driver’s license as stated in the preceding paragraph (hereinafter “instant disposition”).

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on September 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff did not cause a traffic accident through the driving of this case. The plaintiff is driving of this case on the ground that the mitigated elements of the suspension period of driver's license, such as mileage and participation education, and the suspension period of driver's license are complicated and the suspension period of driver's license expires. The plaintiff is in charge of corporate financial affairs in the securities company, and half of the business hours must be separated in order to visit unlisted companies in the local area, and to attend the actual inspection of listed companies. Therefore, the driver needs to maintain a livelihood, and the plaintiff actively cooperate with the investigation agency in relation to the driving of this case.

참조조문

-도로교통법 제93조 제1항 제19호

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