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(영문) 수원지방법원 2018.08.08 2018구단1828
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 January 18, 2005, the Plaintiff obtained a Class II ordinary driver’s license, but was subject to the revocation of the driver’s license by driving under the influence of alcohol 0.141% on July 29, 2005. On March 14, 2015, the Plaintiff, while driving under the influence of alcohol 0.17% on blood alcohol level, was subject to the revocation of the driver’s license again by causing a traffic accident that causes a serious injury to one person while driving under the influence of alcohol 0.17% on March 14, 2015.

B. On May 24, 2016, the Plaintiff acquired a Class 1 ordinary driver’s license (B), and around 14:00 on December 8, 2017, the Plaintiff controlled Category 1 ordinary driver’s license (hereinafter “instant drunk driving”) as C from the place in the city of Gwangju-si to the roads of about 105-lane to the village distance of 105-gil, Hanam-si, Hanam-si, Hanam-si.

C. On January 9, 2018, the Defendant: (a) applied Article 93(1)2 of the Road Traffic Act to the Plaintiff on the ground of a drunk driving on at least three occasions; and (b) revoked the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”).

On April 10, 2018, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has used a usual driving, which did not cause a traffic accident through the driving of the instant drinking, and the possibility of criticism for the driving of the instant drinking, is low, and the plaintiff is engaged in the wholesale and retail business of the food washing machine with the trade name "D," so it is necessary to move at least 100 km a day to visit a restaurant with taxation and A/S parts, etc. to be supplied daily, so the vehicle operation is essential, the plaintiff actively cooperates with and reflects with the investigative agency, the blood alcohol concentration is minor at the time of the driving of the instant drinking, and the plaintiff suffers economic difficulties due to household liabilities.

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