(영문) 수원지방법원 2015.05.20 2015구단30689

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.05.20 2015구단30689

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 13, 2014, at around 20:50, the Plaintiff was under the influence of alcohol at KRW 0.088%, and the Plaintiff continued to drive a Dana private taxi owned by himself/herself on the road in front of the Maritime Sea State in the Suwon-si B, the Suwon-si, and continued to run as is after shocking down the part of the driver's seat of the HH-W-W-W-W-W-W-W-W-W-W-on, which was parked on the right side of the running direction, while driving the car on the right side of the driving direction. On the other hand, the Plaintiff was under the influence of alcohol without any measure, and was under the influence of alcohol, and was under the influence of alcohol 100, 10, 15 points out due to the breach of safety driving obligation, and 125 points out points due to non-performance of the measure.

B. On December 4, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s first-class ordinary vehicle driver’s license (license number: I) on December 24, 2014 by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff’s total accumulated points for one year is at least 125 points and at least 121 points, which are the criteria for revocation of accumulated points for one year.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 15, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the various circumstances, such as the Plaintiff’s assertion that the Plaintiff is a personal taxi driver and the Plaintiff needs a driver’s license on duty, and the Plaintiff has been making an exemplary driver without the power of drunk driving, and the Plaintiff is in profoundly against the instant traffic accident, the instant disposition is unlawful as it deviates from and abused the discretionary power.

B. In light of the following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, it is intended to achieve the instant disposition, even if the evidence submitted by the Plaintiff and the Plaintiff are considered as evidence.

참조조문

-도로교통법 제93조 제2항

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