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(영문) 의정부지방법원 2021.01.25 2020구단6417
자동차운전면허취소처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On March 2, 1998, the Plaintiff acquired a driver’s license (Class 1 ordinary) on January 28, 2005, a driver’s license (Class 1 large towing vehicle) on September 23, 2005, and a driver’s license on September 23, 2005 (Class 1 large towing vehicle) on September 19, 206. On August 19, 2006, the Plaintiff: (a) caused an accident that causes any person while driving under the influence of alcohol to 0.124%; (b) on September 28, 2006, the driver’s license was entirely revoked on October 19, 207; (c) on December 31, 2008, the Plaintiff acquired a driver’s license under the influence of alcohol to 0.186% (Class 1 large towing vehicle); and (d) revoked the driver’s license under the influence of alcohol on September 19, 2009.

B. On December 29, 2019, at around 08:55, the Plaintiff driven an Ecopic truck (hereinafter “driving of this case”) at a distance of about 7 km from the apartment parking lot located in B in C to D located in C, under the influence of alcohol, with the alcohol level of 0.129% (09:30%) of the blood appraisal result, 0.048% of the respiratory measurement result, 08:55% of the 08:55% of the respiratory measurement result.

(c)

On January 17, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving (hereinafter “instant disposition”). D.

On May 25, 2020, the Plaintiff dissatisfied with the instant disposition and filed a request for administrative adjudication with the Central Administrative Trial Committee for the administrative adjudication:

7. The Plaintiff was dismissed on July 7, 200 (the service on July 23). E. Meanwhile, the Plaintiff filed an appeal with the District Court 2020 No. 2120 decided August 27, 2020, which was sentenced to imprisonment with prison labor for 1 year and 2 year of suspended execution on August 27, 2020 due to driving of the instant drinking.

【Evidence: Evidence of No. 1 to 15, 31, 32, 33, Evidence of No. 1 to 16

2. The defendant's defense prior to the merits stated that the lawsuit in this case should be dismissed because the plaintiff did not observe the period of filing the lawsuit.

In this case, 10.22, after the expiration of 90 days from July 24, 2020, the day after the plaintiff received a written ruling.

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