(영문) 청주지방법원 2019.06.13 2019구합328

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(영문) 청주지방법원 2019.06.13 2019구합328

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 December 28, 2018, while under the influence of alcohol at around 22:50, the Plaintiff was under the influence of alcohol, and the Plaintiff’s blood alcohol concentration was 0.104% as a result of the respiratory measurement conducted around 23:03 on the same day.

B. The Plaintiff, who is dissatisfied with the above measurement result, measured the blood alcohol level by blood collection from E Hospital according to the direction of police officers around 23:30 on the same day. The Plaintiff’s blood alcohol level was measured at 0.203% as the result of the appraisal.

C. On January 11, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary) pursuant to Article 93(1)1 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; hereinafter “former Road Traffic Act”) on the ground that the Plaintiff driven the Plaintiff in the state of drinking alcohol level of 0.203%.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on January 29, 2019, but the Central Administrative Appeals Commission dismissed the said appeal on March 5, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 11 through 16, and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion that the Plaintiff caused a traffic accident or had no record of driving under the influence of alcohol until before the transfer, and that there was no personal and material damage, such as a traffic accident, due to the pertinent drunk driving, the Plaintiff led to the confession of the driving under the influence of alcohol and actively cooperate in the investigation, the Plaintiff’s driver’s license is essential in the occupation, and if the driver’s license is revoked, the Plaintiff and his family members’ livelihood are difficult. In light of the above, the instant disposition has

(b) annex relevant laws and regulations;

참조조문

-도로교통법 제93조 제1항 제1호

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