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(영문) 의정부지방법원 2019.03.19 2018구합14344
자동차운전면허취소처분취소
Text

1. The Defendant’s revocation of the driver’s license against the Plaintiff on April 24, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

On February 12, 2018, the Plaintiff was given points 15 points, 10 points, and 25 points of total penalty points due to breach of duty to provide personal information as a result of leaving the scene of the accident without any personal information provided to the victim while driving B truck (hereinafter “instant truck”) around 17:30, while driving the instant truck.

On March 28, 2018, the Plaintiff driving the instant cargo vehicle at around 16:41, while under the influence of alcohol by 0.068% of alcohol level, and driving approximately approximately 200 meters from the dry field from Gyeonggi-gun, Gyeonggi-gun Cirle, and E-way in D.

As a result of detection, given 10 points of penalty points.

On April 24, 2018, the Defendant revoked the Plaintiff’s driver’s license as of May 17, 2018 pursuant to Article 93(2) of the Road Traffic Act on the ground that the accumulated points of the Plaintiff’s score for one year constitutes at least 121 points, which are the criteria for revocation of the driver’s license.

(2) In light of the following facts: (a) the Plaintiff’s wife and the Plaintiff’s wife, as the Plaintiff’s wife are the senior citizens of 80, and the Plaintiff’s wife need to move, and it is difficult for the Plaintiff to go to a public health clinic by means of public transportation in the Youngcheon-gun, the Dongcheon-gun, the domicile of which is the residence; (b) the Plaintiff’s farmland is located far away from 3 km so that it is practically impossible for the Plaintiff to operate the agricultural business without driving; (c) the Plaintiff’s accumulated points are more than 121 points and 4 points, which are the criteria for revocation of the driver’s license; and (d) the Plaintiff’s accumulated points are more than 125 points, which are the basis for revocation of the driver’s license; and (d) the Plaintiff’s re-acquisition of the instant driver’s license when the instant disposition is revoked, is unlawful as a disposition of this case.

It shall be as shown in the attached Form of the relevant statutes.

. Determination.

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