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(영문) 수원지방법원 2020.02.05 2019구단4565
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. The Plaintiff acquired a Class II ordinary driver’s license on May 8, 2001, and received a disposition of revocation of the driver’s license on February 15, 2002 due to drinking (0.12% of blood alcohol concentration) and received special reduction or exemption on July 9, 2002 from the offender of the Road Traffic Act, and again acquired Class II ordinary driver’s license on August 3, 2002, on September 1, 2006, and acquired Class II ordinary driver’s license on September 23, 2006 and around 23:55, on the road from the front of the Da Building to the front of the D apartment-dong underground parking lot in Ansan-si, at a level of 00m alcohol concentration (hereinafter “instant drinking”).

B. On October 8, 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 November 19, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff used a usual driving, and tried to use a substitute driving immediately before the driving of the pertinent drinking, and the plaintiff was exemplary driving for 17 years without any particular accident. At the time of the pertinent drinking driving, the plaintiff's blood alcohol concentration is minor, the plaintiff is operating and marketing the vehicle to the customer who is nationwide using the vehicle as the head of G Rop Business Team of G Rop Business Department, and the plaintiff is carrying out business activities and product hosting activities at the customer, and has to move to the public port at least three times from the scarcity which is located frequently in the place of residence due to frequent overseas travel, and when the medical treatment of the fladian with the snow real name is needed, the plaintiff needs driving, and the plaintiff must support his parent, and the medical expenses are referred.

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