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(영문) 의정부지방법원 2020.07.06 2020구단730
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On January 18, 2002, the Plaintiff acquired a driver’s license (class 1 ordinary) and was discovered while driving under the influence of alcohol 0.096% of the blood alcohol concentration on August 19, 2016.

B. On October 13, 2019, at around 22:45, the Plaintiff driven a car with approximately 300 meters at C in the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, while under the influence of alcohol by 0.147% (in numerical value measured at around 22:50).

C. On November 4, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(Disqualified Period from November 30, 2019 to November 29, 2021; hereinafter “instant disposition”). D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on December 6, 2019, but was dismissed on January 21, 2020.

(5. Service.) [Identification Evidence: Evidence Nos. 1, 3, 4, and No. 1 through 14]

2. Whether the instant disposition is lawful

A. At the time of the Plaintiff’s assertion, it is difficult to view that the blood alcohol concentration is correct since the blood alcohol concentration was measured at the kidne of the blood alcohol level after completing the drinking 22:05 at the time of the Plaintiff’s assertion. Considering all the circumstances, such as: (a) the distance of movement is relatively short for the purpose of mobile parking; (b) there is no human or physical damage caused by the instant drunk driving; (c) marriage on December 21, 2019 and take charge of technical business at the company; (d) the driver’s license is absolutely absolutely necessary; and (e) it is anticipated that it would be difficult to receive the recommendation. The instant disposition for the disqualified two-year period

(b) Article 44 (Prohibition on Driving Motor Vehicles while Intoxicated) (1) of the Road Traffic Act (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

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