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(영문) 부산지방법원 2015.07.01 2015구단763
자동차운전면허취소처분취소
Text

1. Class II small-sized in the disposition of revocation of the license granted by the Defendant to the Plaintiff on December 1, 2014.

Reasons

1. Details of the disposition;

A. On August 15, 2001, the Plaintiff was found to have been subject to the disposition of the suspension of a driver’s license and the revocation of a driver’s license on October 16, 2003, as the Plaintiff was found to have been driven under the influence of alcohol (0.083% of blood alcohol concentration) and under the influence of alcohol (0.109% of blood alcohol concentration). However, on October 14, 2014, around 23:22, the Plaintiff driven a B erodial car (hereinafter “instant vehicle”) under the influence of alcohol concentration of 0.085% on the road of an urban highway located in Seo-gu, Busan Metropolitan City (hereinafter “instant vehicle”).

B. On December 1, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license (Class 1 large, Class 1 special (bitr), and Class 2 small) as of December 16, 2014 on the ground that the Plaintiff was driving at least three occasions as above.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request on January 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, Eul evidence 1-4 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) While the Plaintiff revealed that he had a driving force twice at the time of driving under the influence of alcohol, it was unlawful to revoke the instant disposition, even though the enforcement officer believed it to be the wind to mislead the police officer that he was subject to the disposition of suspension of license and renounced the measurement of drinking by means of blood gathering. Ultimately, the Plaintiff was unjustly deprived of the opportunity to take a drinking test by means of blood gathering. The instant disposition is unlawful. (2) The instant vehicle cannot be driven by a Class 2 driver’s license, and it is irrelevant to a Class 2 driver’s license, and thus, it is unlawful to revoke it.

(b) as shown in the attached Form of the relevant statutes;

C. We examine the determination on the first argument of the first, and examine the following circumstances, namely, the control police officers at the time of the measurement of drinking alcohol of this case, which are acknowledged by adding the overall purport of the arguments to the aforementioned evidence.

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