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(영문) 수원지방법원 2020.11.27 2020구단3803
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 December 16, 2017, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.163% of alcohol level.

B. On May 21, 2020, at around 03:48, the Plaintiff, while under the influence of alcohol at 0.077% of alcohol level, was driving a 36 km car from the front of the “D” restaurant in front of Pyeongtaek-si Station, to the front of the F store in e in ethic City E.g.

C. On June 12, 2020, the Defendant issued a disposition revoking the second-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had been driving under the influence of drinking alcohol again (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 11, 2020.

[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. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drunk driving, the Plaintiff’s reflects the fact that the Plaintiff would not drive under the influence of alcohol again, and that the Plaintiff is engaged in technical business and supplies daily to the customer company while working in his/her technical business, and the Plaintiff is in the position of being unable to perform his/her duties if his/her driver’s license is revoked due to the essential relationship between the Plaintiff’s driver and the driver’s license is revoked, and that the Plaintiff is obliged to support the parent of his/her traditional parent in his/her mouth, the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing discretion.

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle

As seen earlier, the Plaintiff has already been driving skills.

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