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(영문) 수원지방법원 2018.10.12 2018구단2654
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (i) On March 5, 2018, the Plaintiff driven a 2 km car at around 114, Annsan-gu, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, Annsan-si, an Annsan-do, at around 07:54, while under the influence of alcohol content 0.280% of alcohol content.

At the time, the Plaintiff got off the three-lanes in the direction of the Han Electric Power Station in the direction of the Han Power Station distance, and caused physical damage to the part of the victim D(63 years old, n), who is in the wind going beyond the opposite lane, facing the driver's seat in front of the driver's seat of the Plaintiff's vehicle.

B. On March 26, 2018, the Defendant revoked the driver’s license (Class I, I, I, and II common) based on Article 93(1)1 of the Road Traffic Act against the Plaintiff.

On April 3, 2018, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on June 19, 2018.

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 15, the purport of the whole pleadings

2. (i) The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, comprehensively takes account of the following: (i) whether the instant disposition is legitimate; (ii) whether the Plaintiff is a person to be mixed with drinking alcohol at home; (iii) whether the Plaintiff is faithfully engaged in the instant investigation; and (iv) whether the Plaintiff is a driver and is in need of a driver’s license for the purpose of his family life and family life; and (iv) whether the instant disposition is unlawful since it abused discretion.

According to Article 93 (1) 1 of the Luxembourg Road Traffic Act and Article 91 (1) 28 of the Enforcement Rule of the same Act, the time when a person drives in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the cancellation of the license, and the ‘driving' shall be an important means to maintain his family's livelihood or shall be engaged in transportation service for not less than three years at the time of disposition as an exemplary driver.

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