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(영문) 수원지방법원 2018.09.05 2018구단2180
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 November 27, 2008, the Plaintiff acquired a Class 1 ordinary driver’s license. On August 28, 2016, the Plaintiff was subject to the revocation of the driver’s license by driving under the influence of alcohol level 0.137% under the influence of alcohol level on August 28, 2016, and again acquired the Class 1 ordinary driver’s license (B) on November 6, 2017.

B. On February 14, 2018, at around 00:10, the Plaintiff was under the influence of alcohol of 1347 Burk-distance 134% from March 14, 2018, the Plaintiff caused a traffic accident resulting in an injury to two victims, such as catum catum and tension, which requires approximately two weeks of treatment, while driving a catch-distance 0.14% of blood alcohol level (hereinafter “instant drunk driving”).

C. On March 7, 2018, the Defendant rendered a disposition to the Plaintiff to revoke the license for driving under the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act on the ground of the pertinent drunk driving and the said traffic accident.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 24, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has been using a usual driving, the Plaintiff’s operation as the head of E and the Plaintiff is essential to drive motor vehicles, such as operating a sports center and allowing students to board, and the Plaintiff actively cooperate with and reflects to investigation agencies in relation to the instant drinking driving, and the Plaintiff’s economic difficulty, such as living expenses, parents’ money, and household debts, etc., is in violation of discretionary authority and abuse.

B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.

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